Opinion
06-10-2016
In the Matter of AZARIA A., Dante A., and Keon W. Niagara County Department of Social Services, Petitioner–Respondent; Desire E., Respondent–Appellant.
Elizabeth Ciambrone, Buffalo, for Respondent–Appellant. Abraham J. Platt, Lockport, for Petitioner–Respondent. Patricia M. Mcgrath, Attorney for the Children, Lockport.
Appeal from an order of the Family Court, Niagara County (John F. Batt, J.), entered October 27, 2014 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, directed respondent to engage in certain services.
Elizabeth Ciambrone, Buffalo, for Respondent–Appellant.
Abraham J. Platt, Lockport, for Petitioner–Respondent.
Patricia M. Mcgrath, Attorney for the Children, Lockport.
Opinion
MEMORANDUM: Respondent mother appeals from an order for services entered in this neglect proceeding pursuant to Family Court Act article 10. The appeal from that part of the order incorporating a temporary order of protection is moot, inasmuch as the temporary order has expired (see Matter of Kristine Z. v. Anthony C., 43 A.D.3d 1284, 1284, 845 N.Y.S.2d 581, lv. denied 10 N.Y.3d 705, 857 N.Y.S.2d 37, 886 N.E.2d 802 ; Matter of Cadejah AA., 25 A.D.3d 1027, 1028–1029, 809 N.Y.S.2d 598, lv. denied 7 N.Y.3d 705, 819 N.Y.S.2d 872, 853 N.E.2d 243 ). The remainder of the appeal from the order for services is also moot, the order having been superseded by a subsequent order directing the removal of the subject children (see Moody v. Sorokina, 40 A.D.3d 14, 19, 830 N.Y.S.2d 399, appeal dismissed 8 N.Y.3d 978, 836 N.Y.S.2d 547, 868 N.E.2d 231, reconsideration denied 9 N.Y.3d 887, 842 N.Y.S.2d 766, 874 N.E.2d 730 ; Matter of Chelsea BB., 34 A.D.3d 1085, 1088, 825 N.Y.S.2d 551, lv. denied 8 N.Y.3d 806, 832 N.Y.S.2d 488, 864 N.E.2d 618 ). Any decision concerning the propriety of the order for services “ ‘will not, at this juncture, directly affect the rights and interests of the parties' ” (Kristine Z., 43 A.D.3d at 1284, 845 N.Y.S.2d 581 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
WHALEN, P.J., CARNI, NEMOYER, TROUTMAN, and SCUDDER, JJ., concur.