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IN THE MATTER OF ANTONETTE ALASHA E. (ANONYMOUS). CONCORD FAMILY SERVICES, INC., respondent; and CHRISELLA E. (ANONYMOUS), Appellant. (Proceeding No. 1). IN THE MATTER OF ANTHONY LAWRENCE E. (ANONYMOUS). CONCORD FAMILY SERVICES, INC., respondent; and CHRISELLA E. (ANONYMOUS), appellant. (Proceeding No. 2). IN THE MATTER OF "BABY BOY" E. (ANONYMOUS). CONCORD FAMILY SERVICES, INC., respondent; and CHRISELLA E. (ANONYMOUS), appellant. (Proceeding No. 3). IN THE MATTER OF ZAIRE COZINE E. (ANONYMOUS). CONCORD FAMILY SERVICES, INC., respondent; and CHRISELLA E. (ANONYMOUS), appellant. (Proceeding No. 4) (Docket Nos. B-6460/02, B-6461/02, B-6462/02 B-6463/02).

DECISION ORDER

ORDERED that the orders are reversed insofar as appealed from, on the facts and as a matter of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a new joint dispositional hearing.

During the pendency of this appeal, the petitioner agency filed reports with the Family Court indicating that the mother made substantial progress in overcoming her drug dependency, secured housing suitable for the subject children, completed vocational training, and became employed. Further, the proposed adoptive mother died. We take judicial notice of the new facts and allegations indicating that the record before us is no longer sufficient to determine the mother's fitness and the best interests of the children ( see Matter of Michael B., 80 N.Y.2d 299, 318; Matter of Wesley R., 307 A.D.2d 360).

The appellant and the Law Guardian argue that a suspended judgment should be granted. However, because a year has passed since the original orders of fact-finding and disposition, this remedy would only cause additional delay and would be inappropriate ( see Family Ct Act § 633[b]; Matter of Danny Darrell V., 284 A.D.2d 247; Matter of Jelissa Ninette O., 233 A.D.2d 874, 875). Nevertheless, since a significant change of circumstances has been substantiated, the unique circumstances of this case warrant a new joint dispositional hearing and determinations. We express no opinion as to the appropriate dispositions.

ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.

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IN THE MATTER OF ANTONETTE E
(Jun 7, 2004)