| Matter of Kirk V. |
| 2005 NY Slip Op 01254 [15 AD3d 285] |
| February 17, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Kirk V., a Child Alleged to be Neglected. Providencia V. et al., Respondents; Commissioner of the Administration for Children's Services, Appellant. |
—[*1]Appeal from order, Family Court, New York County (Jody Adams, J.), entered on or about July 8, 2003, which, in a child protective proceeding alleging neglect, granted respondent mother's motion pursuant to Family Court Act § 1051 (c), joined in by respondent father and the child's law guardian, to dismiss the petition, unanimously dismissed, without costs.
A change in circumstances has removed the underlying basis for the petition and rendered the appeal moot (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Concur—Tom, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.