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MATTER OF HERBERT H.

70 A.D.3d 694 (2010)

892 N.Y.S.2d 874

In the Matter of HERBERT H., JR., an Infant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; HERBERT A.H., Respondent. DELETHIA G., Nonparty Appellant; RICHARD H., Nonparty Respondent. (Proceeding No. 1.) In the Matter of RICHARD H., an Infant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; HERBERT A.H., Respondent. DELETHIA G., Nonparty Appellant; RICHARD H., Nonparty Respondent. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 2, 2010.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from so much of the order as placed Herbert H., Jr., in the temporary custody of the nonparty paternal grandfather must be dismissed for lack of subject matter jurisdiction, as Herbert H., Jr., has since attained the age of 18 years (see Matter of Ashanti R., 66 A.D.3d 1031 [2009]; Family Ct Act § 1012 [e], [f]).

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