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MATTER OF JAVIER R.

43 A.D.3d 1 (2007)

840 N.Y.S.2d 572

In the Matter of JAVIER R., an Infant. ROBERT R., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

June 21, 2007.

Attorney(s) appearing for the Case

Randall S. Carmel, Syosset, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Scott Shorr and Barry P. Schwartz of counsel), for municipal respondent.

Tamara A. Steckler, The Legal Aid Society, New York City (Lisa B. Freedman and Kevin Lapp of counsel), Law Guardian.

SAXE, J.P., FRIEDMAN, SWEENY and MALONE, JJ., concur.

OPINION OF THE COURT

MCGUIRE, J.

We break no new ground in observing that we have the power to resolve the merits of this appeal only if an actual controversy between the parties exists (Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 713 [1980]). Whether there is a justiciable controversy in this case, however, presents an issue this Court has not previously addressed. We...

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