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In the Matter of SARAH A., an Infant. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; WAYNE A., Appellant.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Respondent father appeals from an order denying his second motion to vacate a default order terminating his parental rights with respect to his child based upon findings that he abandoned and permanently neglected her. On a prior appeal from the order denying the father's first motion to vacate the default order, we reversed the order, granted the motion, vacated the default order of fact-finding and disposition, and remitted the matter to Family Court for a hearing on the petition ( Matter of Sarah A, 60 AD3d 1293). Inasmuch as the father has already obtained the full relief he now seeks, the appeal is moot ( see generally T.D. v New York State Off. of Mental Health, 91 NY2d 860, 862).

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IN RE SARAH
(Jun 5, 2009)