Melody B., Matter of
| Decision Date | 30 December 1996 |
| Citation | 651 N.Y.S.2d 810,234 A.D.2d 1005 |
| Parties | Matter of MELODY B. Mary Ann B., Appellant; Cattaraugus County Department of Social Services, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Joseph P. Murphy, Olean, for Appellant.
Steven Riley, Olean, for Respondent.
Fern Adelstein, Olean, for Law Guardian.
Before DENMAN, P.J., and LAWTON, FALLON, DOERR and BALIO, JJ.
This appeal by respondent from an order denying her application for the return of her child pursuant to Family Court Act § 1028 has been rendered moot by the subsequent determination of Family Court, after a fact-finding hearing. The court determined that the child is neglected and placed the child with the Cattaraugus County Department of Social Services for one year (see, Matter of Terrell H., 197 A.D.2d 372, 373, 603 N.Y.S.2d 737).
Appeal unanimously dismissed without costs.
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Niagara Cnty. Dep't of Soc. Servs. v. Lynn H. (In re Angel C.)
...children are neglected and placing them in petitioner's custody, and thus the appeal has been rendered moot ( see Matter of Melody B., 234 A.D.2d 1005, 1005, 651 N.Y.S.2d 810,lv. dismissed90 N.Y.2d 888, 661 N.Y.S.2d 832, 684 N.E.2d 282;see *922generally Matter of Kiearah P., 46 A.D.3d 958, ......
- Melody B.(Mary Ann B.), Matter of