Opinion
Decided December 9, 1999
Appeal from an order of the Family Court of Broome County (Hester Jr., J.), entered October 14, 1998, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 10, to extend placement of respondent's son with petitioner for one year.
Marianne Blackman, Binghamton, for appellant.
David M. Dutko, Department of Social Services, Binghamton, for respondent.
Richard A. Barber, Law Guardian, Binghamton, for Michael "OO" and another.
Before CARDONA, P.J., MIKOLL, CREW III, YESAWICH JR. and MUGGLIN, JJ.
MEMORANDUM AND ORDER
Petitioner commenced this proceeding in 1996, alleging that Dawn "OO" and respondent neglected their two children. Respondent admitted various allegations of the petition and was adjudicated to have neglected his children. As a result, custody of the children was granted to petitioner for a period of 12 months terminating June 10, 1997. Upon the consent of the parties, placement of the children with petitioner was extended through June 10, 1998. Thereafter, in March 1998, petitioner filed a petition seeking an extension of the placement of the children for an additional year and respondent objected to the requested extension as it related to the child Michael. Following a hearing held in Family Court pursuant to Family Court Act § 1055 Fam. Ct. Act, the court granted the petition and extended the child's foster care placement with petitioner through and including September 2, 1999. Respondent appeals with respect to that determination.
Dawn "OO" failed to appear.
The order of extension in this case expired on September 2, 1999, rendering this appeal moot (see, Matter of Anthony G., 247 A.D.2d 792, 793; Matter of Donald MM., 241 A.D.2d 634; Matter of Mary R. v. Sullivan County Dept. of Social Servs., 217 A.D.2d 815; Matter of Jamie J. [Virigina K.], 209 A.D.2d 896, 898).
CARDONA, P.J., MIKOLL, CREW III and YESAWICH JR., JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.