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Matter of Nicholas

Appellate Division of the Supreme Court of New York, Third Department
May 27, 1993
193 A.D.2d 1023 (N.Y. App. Div. 1993)

Opinion

May 27, 1993

Appeal from the Family Court of Tompkins County (Barrett, J.).


Respondent seeks the return of her children who, pursuant to Family Court's order dated October 2, 1991, were placed in petitioner's custody after respondent admitted to certain acts of abuse and neglect. Respondent contends that although she has complied with the conditions in the October 2, 1991 order, petitioner will not return the children to her. In view of the orders dated May 29, 1992 and June 30, 1992 discharging the children from petitioner's custody and returning them to respondent, this appeal has been rendered moot (see, Matter of Darby C., 175 A.D.2d 959, lv denied 78 N.Y.2d 862; Matter of Chantel LL., 144 A.D.2d 183), and we do not find an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Matter of Nicholas

Appellate Division of the Supreme Court of New York, Third Department
May 27, 1993
193 A.D.2d 1023 (N.Y. App. Div. 1993)
Case details for

Matter of Nicholas

Case Details

Full title:In the Matter of NICHOLAS P. et al., Children Alleged to be Abused and…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 27, 1993

Citations

193 A.D.2d 1023 (N.Y. App. Div. 1993)
598 N.Y.S.2d 1003