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15 A.D.3d 285

In re Kirk V.

Appellate Division of the Supreme Court of the State of New York · decided 2005-02-17

Decided 2005-02-17

¶1Appeal 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.

¶2A 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.

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