Matter of State of New York v McC. (Anonymous)
Motion No: 2013-09407
Slip Opinion No: 2014 NY Slip Op 66055(U)
Decided on March 10, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M170458

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-09407

In the Matter of State of New York, appellant,

v Claude McC. (Anonymous), respondent.

(Index No. 38/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 7, 2013, on the ground that it has been rendered academic, and to vacate so much of a decision and order on motion of this Court dated November 27, 2013, as authorized the appellant to continue to retain custody of the respondent, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to vacate so much of the decision and order on motion of this Court dated November 27, 2013, as authorized the appellant to continue to retain custody of the respondent is denied.

SKELOS, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court