IN THE MATTER OF NICHOLAS B.


26 A.D.3d 764 (2006)

811 N.Y.S.2d 235

In the Matter of NICHOLAS B., an Infant. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Respondent; JAMES B., Appellant, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 3, 2006.


It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

Respondent father appeals from an order denying his application for the return of his child pursuant to Family Court Act § 1028. The appeal must be dismissed as moot, however, in view of the fact that Family Court, upon consent of the parties, adjourned the matter in contemplation of dismissal of the underlying amended neglect petition (

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