Matter of Ernest Y. v Orange County Dept. of Social Servs. (2004 NY Slip Op 06046)

Matter of Ernest Y. v Orange County Dept. of Social Servs.

2004 NY Slip Op 06046 [9 AD3d 411]

July 12, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 22, 2004

In the Matter of Ernest Y., Appellant,
v
Orange County Department of Social Services et al., Respondents.

—[*1]In a proceeding pursuant Family Court Act article 6, the father appeals from an order of the Family Court, Orange County (Kiedaisch, J.), entered January 3, 2002, which granted the motion of the Orange County Department of Social Services to dismiss his petition for visitation with his two youngest children.

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

In light of our conclusion in a companion case (see Matter of Kimberly Y., 9 AD3d 412 [2004]) that the Family Court properly terminated the father's parental rights, any corrective measures this Court might take regarding the dismissal of the father's petition for visitation would have no practical effect. Accordingly, this appeal is dismissed as academic (see Matter of James M. v Linda M., 250 AD2d 684 [1998]; see also Matter of Raychael L.W., 298 AD2d 829 [2002]). Prudenti, P.J., Ritter, Cozier and Skelos, JJ., concur.