Opinion
8785
03-26-2019
IN RE CAMILLE L., A Child Under Eighteen Years of Age, etc., Dawn F., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Daniel R. Katz, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Jessica Miller of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
Daniel R. Katz, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jessica Miller of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
Sweeny, J.P., Richter, Tom, Kapnick, Oing, JJ.
Appeal from a temporary order of protection, Family Court, Bronx County (Monica Shulman, J.), entered on or about December 20, 2017, which expired on April 27, 2018, and directed respondent mother Dawn F. to refrain from certain conduct against the subject child, unanimously dismissed, without costs, as moot.
The mother's appeal from the temporary order of protection is moot, since the order has expired by its own terms and was superseded by an order of fact-finding and disposition (see Matter of Zoey A. [Felicia A.] , 139 A.D.3d 528, 30 N.Y.S.3d 547 [1st Dept. 2016] ; Matter of Fawaz A. [Franklyn B.C.] , 112 A.D.3d 550, 978 N.Y.S.2d 39 [1st Dept. 2013] ). Contrary to the mother's argument, we find no exception to the mootness doctrine (see Matter of Veronica P. v. Radcliff A , 24 N.Y.3d 668, 3 N.Y.S.3d 288, 26 N.E.3d 1143 [2015] ; Matter of Hearst Corp. v. Clyne , 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).
Were we to review the expired order, we would find that Family Court did not abuse its discretion by issuing a temporary order of protection, because there was good cause shown (see Family Ct. Act § 1029[a] ). ACS brought the petition, alleging that the mother neglected the child by failing to provide her with proper supervision and guardianship, as a result of her unattended mental illness. According to the petition, the mother refused to take her medication for schizophrenia, and she disrupted the child's life by repeatedly filing false claims that the child was being sexually abused.