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IN THE MATTER OF KIRK V.

5 N.Y.3d 840 (2005)

840 N.E.2d 113

806 N.Y.S.2d 144

In the Matter of KIRK V., a Child Alleged to be Neglected. PROVIDENCIA V. et al., Respondents; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

Court of Appeals of the State of New York.

Decided October 25, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt of counsel), for appellant.

Lansner & Kubitschek, New York City (Carolyn A. Kubitschek of counsel), for Providencia V., respondent.

Wendy Abels, New York City, for Ricardo V., respondent.

Wolf, Block, Schorr and Solis-Cohen LLP, New York City (Kenneth G. Roberts and Jill L. Mandell of counsel), for Lawyers for Children, Inc., Law Guardian.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to that Court for consideration of the appeal.

The incarceration of respondent parents' older son was not a change in circumstances rendering the appeal from the dismissal of the neglect petition moot. Where "a judicial determination carries immediate, practical consequences for...

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