IN RE HERBERT

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Docket Number

Nos. 2009-00046, (Docket Nos. N-17548-07, N-17549-07, N-15977-06, and N-15978-06).

Attorney(S)

Vincent P. Caturano, Bellport, N.Y., for nonparty-appellant. Christine Malafi, County Attorney, Central Islip, N.Y. (Steven B. Nacht of counsel), for petitioner-respondent. Lynn Poster-Zimmerman, Huntington, N.Y., for respondent. Robert C. Mitchell, Riverhead, N.Y. (John B. Belmonte and Diane Groom of counsel), attorney for the children.

Judges

Mark C. Dillon
Robert J. Miller
Cheryl E. Chambers

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In the Matter of HERBERT H., JR., an Infant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; HERBERT A.H., Respondent. DELETHIA G., Nonparty Appellant; RICHARD H., Nonparty Respondent. (Proceeding No. 1.) In the Matter of RICHARD H., an Infant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; HERBERT A.H., Respondent. DELETHIA G., Nonparty Appellant; RICHARD H., Nonparty Respondent. (Proceeding No. 2.)

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

The appeal from so much of the order as placed Herbert H., Jr., in the temporary custody of the nonparty paternal grandfather must be dismissed for lack of subject matter jurisdiction, as Herbert H., Jr., has since attained the age of 18 years ( see Matter of Ashanti R., 66 AD3d 1031; Family Ct Act § 1012 [e], [f]).

The appeal from so much of the order as placed Richard H. in the temporary custody of the nonparty paternal grandfather must be dismissed as academic. Subsequent to the taking of this appeal, the Family Court modified the order dated November 26, 2008, to award temporary custody of the child to the mother. As the relief desired on appeal insofar as it concerns Richard has already been obtained, that portion of the appeal has been rendered academic ( see Matter of Christine G., 61 AD3d 756; Chertok v Chertok, 150 AD2d 327).

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