NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2116-06T22116-06T2

DEXTER TUTT,

Appellant,

v.

DIVISION OF YOUTH AND

FAMILY SERVICES, MONMOUTH/

MIDDLESEX AREA OFFICE,

Respondent.

___________________________________

Submitted February 13, 2008 - Decided

Before Judges Skillman and Yannotti.

On appeal from Division of Youth and Family Services.

Kathleen Smallwood Johnson, attorney for appellant.

Anne Milgram, Attorney General, attorney for respondent (Lewis Scheindlin, Assistant Attorney General, of counsel; Lisa B. Landsman, Deputy Attorney General, on the brief).

PER CURIAM

Appellant Dexter Tutt appeals from a final decision of respondent Division of Youth and Family Services which upheld the removal of O.K. from his care as a prospective adoptive parent. DYFS's final decision is contained in a thirty-six page written "dispositional review" report prepared by an administrative review officer and approved by the Monmouth/Middlesex area office manager. It is undisputed that this document constitutes final agency action.

Preliminarily, we note that after O.K.'s removal from appellant's home, DYFS placed him in another pre-adoptive home and O.K. has now been adopted. A final judgment of adoption was entered on September 21, 2007. A reversal of DYFS's final decision upholding the removal of O.K. from appellant's home would have no effect upon that adoption because the adoptive parent is not a party to this appeal. See 1 Restatement (Second) of Judgments