| Matter of Kiearah P. |
| 2007 NY Slip Op 09635 [46 AD3d 958] |
| December 6, 2007 |
| Appellate Division, Third Department |
| In the Matter of Kiearah P. and Another, Children Alleged to beNeglected. Schenectady County Department of Social Services, Respondent; Angel R.,Appellant. |
—[*1] Christopher H. Gardner, County Attorney, Schenectady (Kevin A. Burke of counsel), forrespondent. Mitch Kessler, Law Guardian, Cohoes.
Lahtinen, J. Appeal from an order of the Family Court of Schenectady County (Assini, J.),entered July 25, 2006, which granted petitioner's application, in a proceeding pursuant to FamilyCt Act article 10, to adjudicate respondent's children to be neglected.
Family Court granted petitioner's application to temporarily remove respondent's twochildren from her home and, following an evidentiary hearing pursuant to Family Ct Act §1028, denied respondent's application to return the children. Thereafter, respondent consented toa finding of neglect in the underlying neglect proceeding and, consistent with the terms of anagreement by the parties, Family Court ordered the children placed in respondent's custody underpetitioner's supervision for one year subject to various conditions. This appeal, in whichrespondent challenges the sufficiency of the evidence at the Family Ct Act § 1028 hearing,is moot and no exception to the mootness doctrine is applicable (see Matter of Cheyenne QQ., 39 AD3d1044, 1045 [2007]; Matter of Collin Q., 307 AD2d 639, 639-640 [2003]).[*2]
Mercure, J.P., Peters, Carpinello and Kane, JJ., concur.Ordered that the appeal is dismissed, as moot, without costs.