Majority
p. 980In the Matter of Desiree B. B. Donald B., Respondent; Jefferson County Department of Social Services, Appellant. [668 NYS2d 962]
Motion to dismiss appeal denied as unnecessary. Memorandum: In light of respondent’s failure to serve a copy of the notice of appeal on all adverse parties as required by statute (see, Family Ct Act § 1115 [b]; CPLR 5515 [1]), there is no appeal pending that can be dismissed. Present—Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ.