Matter of Stephen H.
2008 NY Slip Op 05240 [52 AD3d 1280] [52 AD3d 1280]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


In the Matter of Stephen H. and Others, Infants. Monroe County Department of Human Services, Appellant; Sherell H., Respondent.

—[*1] Daniel M. DeLaus, Jr., County Attorney, Rochester (Paul N. Humphrey of counsel), for petitioner-appellant.

Anthony Leavy, Rochester, for respondent-respondent.

Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered March 28, 2007 in a proceeding pursuant to Family Court Act article 10. The order, among other things, granted respondent's motion to vacate an order of fact-finding and disposition entered January 19, 2006.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of James Joseph M. v Rosana R., 34 AD3d 333 [2006], lv denied 8 NY3d 806 [2007]). Present—Hurlbutt, J.P., Martoche, Smith, Green and Pine, JJ.