| Matter of Jacob SS. |
| 2009 NY Slip Op 01261 [59 AD3d 825] |
| February 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Jacob SS. and Others, Children Alleged to beNeglected. Broome County Department of Social Services, Respondent; Jonathan TT.,Respondent; Brenda SS., Appellant. |
—[*1]
Peters, J. Appeal from an order of the Family Court of Broome County (Connerton, J.),entered December 18, 2007, which, in a proceeding pursuant to Family Ct Act article 10, amongother things, temporarily placed the subject children in the custody of Tamra UU.
In September 2007, respondent, the children's father, was found to have neglected thesubject children. Following a dispositional hearing, Family Court found that Brenda SS., thechildren's mother, had abandoned the children and that placement with Tamra UU., respondent'ssister, was in the children's best interests. The mother appeals, challenging Family Court'sdispositional order temporarily placing the children in the custody of Tamra UU. While thisappeal was pending, a permanent order of the Family Court of Monroe County (Nesser, J.) was[*2]entered granting Tamra UU. sole custody of the subjectchildren.[FN*]Inasmuch as a permanent order concerning the custody of the children has been entered, thisappeal is moot (see Posporelis vPosporelis, 41 AD3d 986, 988 [2007]; Matter of Pecore v Pecore, 34 AD3d 1100, 1102 [2006]; Matter of Gregio v Rifenburg, 3 AD3d830, 831 [2004]).
Cardona, P.J., Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, asmoot, without costs.
Footnote *: While the mother alleges thatFamily Court (Nesser, J.) had no jurisdiction to entertain Tamra UU.'s custody petition, thischallenge must be raised in an appeal from that order.