Care and Protection of Penelope

RESCRIPT

In addition, this court issued a notice preceding dismissal under the May 17, 1988, standing order concerning dismissals of appeals and reports pending in this court for lack of prosecution. The father also suggests that this appeal cannot be dismissed until his underlying appeal to the Appeals Court is resolved. Without passing on the correctness of that proposition, we note that the father did not file a brief in that appeal, and it was dismissed for lack of prosecution.

The Department of Children and Families also suggests that the appeal is moot and that the courts of Massachusetts…