Majority
p. 285[789 NYS2d 426]
In the Matter of Kirk V., a Child Alleged to be Neglected. Providencia V. et al., Respondents; Commissioner of the Administration for Children’s Services, Appellant.
Appeal from order, Family Court, New York County (Jody Adams, J.), entered on or about July 8, 2003, which, in a child protective proceeding alleging neglect, granted respondent mother’s motion pursuant to Family Court Act § 1051 (c), joined in by respondent father and the child’s law guardian, to dismiss the petition, unanimously dismissed, without costs.
A change in circumstances has removed the underlying basis for the petition and rendered the appeal moot (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714 [1980]). Concur — Tom, J.P, Andrias, Ellerin, Gonzalez and Catterson, JJ.
Cases cited
- Hearst Corp. v. Clyne 50 NY2d 707 at 714 p. 285