MATTER OF DAMIAN M. AND KAYLEE D.
Motion No: CAF 15-02089
Slip Opinion No: 2017 NY Slip Op 66666(U)
Decided on March 1, 2017
Appellate Division, Fourth 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.


March 1, 2017

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

APPELLATE DIVISION DOCKET NO. CAF 15-02089
DOCKET NOS. NN-875, 876-14

MATTER OF DAMIAN M. AND KAYLEE D.



GENESEE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

KIMBERLY D., RESPONDENT-APPELLANT.


Counsel for appellant having moved to dismiss the appeal taken herein from an order of the Family Court, Genesee County, entered in the Office of the Clerk of said Court on November 18, 2015,

Now, upon reading and filing the affirmation of Keliann M. Argy, Esq., dated February 6, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the notices of appeal filed December 3, 2015, under Family Court Docket Nos. NN-00875-14 and NN-00876-14, shall be treated as valid as to the Permanency Hearing Order of Family Court entered November 18, 2015, and

It is further ORDERED that the motion is granted and the appeal from the Permanency Hearing Order is dismissed as moot (see Matter of Giovanni K., 62 AD3d 1242, 1243, lv denied 12 NY3d 715).

Entered: March 1, 2017

FRANCES E. CAFARELL, Clerk