Onondaga Cnty. Dep't of Children & Family Servs. v. Rochelle C. (In re Faith B.)

• Decision Date: 09 February 2018
• Docket Number: CAF 16–01134,75
• Parties: In the MATTER OF FAITH B. and Hope B. Onondaga County Department of Children and Family Services, Petitioner–Respondent; v. Rochelle C., Respondent–Appellant.
• Court: New York Supreme Court — Appellate Division

158 A.D.3d 1282

68 N.Y.S.3d 352 (Mem)

In the MATTER OF FAITH B. and Hope B.

Onondaga County Department of Children and Family Services, Petitioner–Respondent;

v.Rochelle C., Respondent–Appellant.

75

CAF 16–01134

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: February 9, 2018

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–APPELLANT.

ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (MAGGIE SEIKALY OF COUNSEL), FOR PETITIONER–RESPONDENT.

ARLENE BRADSHAW, ATTORNEY FOR THE CHILDREN, SYRACUSE.

PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.

MEMORANDUM AND ORDERMemorandum:

Respondent mother appeals from an order entered in a proceeding pursuant to Family Court Act article 10, which granted petitioner's request for the temporary removal of the subject children from the custody of the mother. We dismiss the appeal because a final order of disposition was entered during the pendency of the appeal, finding that the children were neglected but releasing the children to the mother's custody. This appeal has thus been rendered moot (seeMatter of Gaige F. [Carolyn F.], 144 A.D.3d 1575, 1576, 40 N.Y.S.3d 820 [4th Dept. 2016] ; Matter of Bruce P., 138 A.D.3d 864, 865, 29 N.Y.S.3d 536 [2d Dept. 2016] ; Matter of John S., 26 A.D.3d 870, 870, 810 N.Y.S.2d 754 [4th Dept. 2006] ; cf. Matter of C. Children, 249 A.D.2d 540, 540, 672 N.Y.S.2d 134 [2d Dept. 1998] ; see generally Matter of Javier R. [Robert R.], 43 A.D.3d 1, 3–5, 840 N.Y.S.2d 572 [1st Dept. 2007] ). "Inasmuch as a temporary order is not a finding of wrongdoing, the exception to the mootness doctrine does not apply" ( Matter of Cali L., 61 A.D.3d 1131, 1133, 876 N.Y.S.2d 557 [3d Dept. 2009] ).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.