SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

http://law.justia.com/cases/new-york/appellate-division-second-department/2011/2011-05813.html

http://www.scribd.com/doc/53214994/appellant-memorandum-1


Matter of WINONA ROSA PISCITELLI. v. WINONA MAE PALMIOTTI 2011 NY Slip Op 05813 Decided on July 5, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 5, 2011
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RANDALL T. ENG
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2010-06768
2010-06769
(Docket No. N-16863-09)

[*1]In the Matter of WINONA PISCITELLI (Anonymous). Suffolk County Department of Social Services, respondent;

and

Winona Pa. (Anonymous), appellant.




Gina M. Scelta, Centerport, N.Y., for appellant.
Christine Malafi, County Attorney, Central Islip, N.Y. (Karin A.
Bohrer of counsel), for respondent.
Diane B. Groom, Central Islip, N.Y., attorney for the child.


DECISION & ORDER
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from (1) an order of fact-finding and disposition of the Family Court, Suffolk County (Quinn, J.), dated June 23, 2010, which, after fact-finding and dispositional hearings, found that she neglected the subject child, released the subject child to the custody of the nonparty father, and directed her to comply with an order of protection of the same court, also dated June 23, 2010, and (2) the order of protection dated June 23, 2010, which directed her to observe certain conditions until June 23, 2011.

ORDERED that the appeals are dismissed as academic, without costs or disbursements.

The appeal from the order of fact-finding and disposition dated June 23, 2010, must be dismissed in light of an order of the Family Court, Suffolk County, dated November 10, 2010, entered in a related custody proceeding, which vacated all orders entered with respect to this neglect proceeding. In addition, the appeal from the order of protection must also be dismissed in light of an order of the Family Court, Suffolk County, dated September 27, 2010, which vacated that order of protection. This Court may, in general, take judicial notice of matters of public record (see e.g. Hunter v New York, Ontario & W.R.R. Co., 116 NY 615, 621; Matter of Scuderi (Scuderi), 247 AD2d 393; High v City of White Plains, 227 AD2d 525; Matter of Chasalow v Board of Assessors of County of Nassau, 176 AD2d 800). Since the order dated November 10, 2010, vacated the order which made a finding of neglect and awarded the father custody of the child, and the order dated September 27, 2010, vacated the order of protection, the mother's appeals have been rendered academic. [*2]
DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court