Matter of Tyhera H. (Antoinette E.H.)
2010 NY Slip Op 07342 [77 AD3d 751]
October 12, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


In the Matter of Tyhera H. Administration for Children's Services, Appellant. Antoinette E.H. et al., Respondents.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for appellant.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.

In an abuse proceeding pursuant to Family Court Act article 10, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Queens County (McGowan, J.), dated October 21, 2009, as, after a hearing, directed it to pay the child's outstanding university room and board bill in the amount of $3,461.44 by October 28, 2009.

Ordered that the appeal is dismissed as academic, without costs and disbursements.

The issue raised on this appeal is academic. Contrary to the appellant's contention, the issue does not fall within an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Accordingly, we dismiss the appeal. Prudenti, P.J., Angiolillo, Belen and Sgroi, JJ., concur.