In re Kimberly M.

Appeal from order, Family Court, New York County (Susan M. Doherty, Ref.), entered on or about May 8, 2008, which, inter alia, directed a trial discharge of the subject child by petitioner agency to the nonrespondent father, unanimously dismissed, without costs, as moot.

The appeal is moot because the May 8, 2008 order was superseded by an order of custody and visitation, same court and Referee, entered on or about June 30, 2009, on the stipulation of respondent mother, petitioner agency, the law guardian, and the nonrespondent father, awarding custody to the father (see e.g. Matter of…