| Matter of Mary YY. (Albert YY.) |
| 2012 NY Slip Op 06335 [98 AD3d 1198] |
| September 27, 2012 |
| Appellate Division, Third Department |
| In the Matter of Mary YY., a Child Alleged to be Neglected. St.Lawrence County Department of Social Services, Respondent; Albert YY., Appellant, et al.,Respondent. (And Another Related Proceeding.) |
—[*1] David D. Willer, St. Lawrence County Department of Social Services, Canton, for St.Lawrence County Department of Social Services, respondent. Rosemary R. Philips, Canton, attorney for the child.
Lahtinen, J. Appeal from an order of the Family Court of St. Lawrence County (Potter, J.),entered June 10, 2011, which dismissed respondents' application, in a proceeding pursuant toFamily Ct Act article 10, for the return of their child.
Respondent Albert YY. (hereinafter the father) and respondent Justa ZZ. are the parents of adaughter born in 2011. Petitioner commenced this proceeding against respondents, pursuant toFamily Ct Act article 10, seeking an adjudication of neglect. Petitioner thereafter applied to havethe child temporarily removed from respondents' home. Following a preliminary hearingpursuant to Family Ct Act § 1027, Family Court ordered the temporary removal of thechild and [*2]placement with petitioner. Thereafter, respondentsapplied to have the child returned to their home. Family Court dismissed respondents' applicationand continued the child's temporary removal. The father now appeals.
We note that Family Court (Morris, J.) has subsequently conducted a hearing and issued anorder of fact-finding and disposition, entered March 5, 2012, concluding that the child wasneglected by respondents and placement of the child was continued with petitioner. Inasmuch asthe father's appeal of the temporary order of removal has been rendered moot by Family Court'ssubsequent finding of neglect (seeMatter of Skyler R. [Kristy R.], 85 AD3d 1238, 1239 [2011]; Matter of Shalyse WW., 63 AD3d1193, 1197 [2009], lv denied 13 NY3d 704 [2009]; Matter of Xavier II., 58AD3d 898, 899 [2009]), it must be dismissed.
Mercure, J.P., Rose, Kavanagh and Garry, JJ., concur. Ordered that the appeal is dismissed,as moot, without costs.