Opinion
11-10-2016
In the Matter of GAIGE F. Niagara County Department of Social Services, Petitioner–Respondent; Carolyn F., Respondent–Appellant.
Kathleen E. Casey, Barker, for Respondent–Appellant. Abraham J. Platt, Lockport, for Petitioner–Respondent. Vincent R. Ginestre, Attorney for the Child, North Tonawanda.
Kathleen E. Casey, Barker, for Respondent–Appellant.
Abraham J. Platt, Lockport, for Petitioner–Respondent.
Vincent R. Ginestre, Attorney for the Child, North Tonawanda.
PRESENT: WHALEN, P.J., CENTRA, CARNI, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM:Respondent mother appeals from an order entered in a proceeding pursuant to Family Court Act article 10, which granted petitioner's request for the temporary removal of the subject child from the custody of the mother. Petitioner commenced this proceeding against the mother on September 11, 2015, the day the subject child was born, seeking an adjudication of neglect and the child's temporary removal. On or about June 8, 2016, however, the parties entered into a stipulation that returned the subject child to the mother's custody, and provided that the underlying neglect petition would be dismissed if there were no problems during the following three months. “Based upon these subsequent events, this appeal by the mother from the temporary removal order is moot, and the exception to the mootness doctrine does not apply” (Matter of Skyler R. [Kristy R.], 85 A.D.3d 1238, 1239, 923 N.Y.S.2d 921 ; see Matter of Angel C. [Lynn H.], 103 A.D.3d 1246, 1247, 958 N.Y.S.2d 921 ; Matter of Nicholas B., 26 A.D.3d 764, 764, 811 N.Y.S.2d 235 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.