Opinion
September 23, 1999
Appeal from order, Family Court, New York County (Susan Larabee, J.), entered on or about August 28, 1998, which denied respondent's application pursuant to Family Court Act § 1028 for return of the subject child pending completion of neglect proceedings, unanimously dismissed, without costs.
Jonathan M. Kratter, for respondent-appellant.
Gerald Schwartz, for petitioner-respondent.
RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
The appeal has been rendered moot by Family Court's subsequent fact-finding determination of neglect (Matter of Terrell H., 197 A.D.2d 372).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.