PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-00834
DOCKET NOS. N-2612 to 2619-08

MATTER OF BRIDGET, KELLY, COLLEEN, AND MICHAELA Y. CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; KENNETH M.Y., AND RITA S., RESPONDENTS-APPELLANTS.

Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Chautauqua County, entered in the Office of the Clerk of said Court on March 5, 2010,

Now, upon reading and filing the affidavit of Jane E. Love, Esq., sworn to February 9, 2011, the notice of motion with proof of service thereof, the affidavit of Michael J. Sullivan, Esq., sworn to February 23, 2011, the affidavit of Andrew T. Radack, Esq., sworn to February 23, 2011, the affirmations of Robert D. Arenstein, Esq., dated February 24, 2011, and February 25, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed, and

It is further ORDERED, on the Court's own motion, that the appeal is dismissed, without costs, except insofar as it brings up for review the denial, by order of Family Court entered August 5, 2010, of respondents' motion to dismiss the neglect petition for lack of subject matter jurisdiction, as well as any other matters that were the subject of contest before Family Court (see Matter of Brittany C.,

67 AD3d 788; CPLR § 5501 [a]).

Entered: March 2, 2011

PATRICIA L. MORGAN, Clerk