Matter of Jaqwan H. (Shahidah H.)
2013 NY Slip Op 07044 [110 AD3d 1078]
October 30, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


In the Matter of Jaqwan H. Suffolk County Department of Social Services, Respondent; Shahidah H., Appellant. (Proceeding No. 1.) In the Matter of Qua-Nay H. Suffolk County Department of Social Services, Respondent; Shahidah H., Appellant. (Proceeding No. 2.)

[*1] Del Atwell, East Hampton, N.Y., for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.

Arza Rayches Feldman, Uniondale, N.Y. (Steven Feldman of counsel), attorney for the children.

In related child protective proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Hoffmann, J.), dated July 10, 2012, as, after a hearing, continued the placement of the subject children in the custody of a relative until the completion of the next permanency hearing scheduled on January 7, 2013.

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

The mother appeals from so much of an order dated July 10, 2012, as, after a hearing, continued the placement of the subject children in the custody of a relative until the completion of the next permanency hearing scheduled on January 7, 2013. That portion of the order was superseded by an order dated November 7, 2012, which cancelled the permanency hearing and directed the return of the subject children to the mother. Accordingly, the appeal must be dismissed (see Matter of Aliyah C. [Veronica C.], 77 AD3d 829, 830 [2010]; Matter of Unique R., 43 AD3d 446, 447 [2007]; Matter of Jonathan W., 289 AD2d 585, 586 [2001]). Rivera, J.P., Sgroi, Cohen and Hinds-Radix, JJ., concur.