Opinion
November 26, 1997
Appeal from the Family Court of Broome County (Hester, Jr., J.).
During the pendency of a proceeding concerning the alleged neglect of Derrick JJ. (hereinafter the child) by his mother, the child was temporarily placed in respondent's custody. Due to allegations of sexual abuse made against respondent's close friend and babysitter, however, Family Court ordered a change in temporary custody to petitioner. Respondent then filed a petition pursuant to Family Court Act § 1028 seeking that temporary custody of the child be returned to him, hearings were conducted and, ultimately, Family Court entered an order denying respondent's application. Respondent then appealed to this Court. During the pendency of the appeal, a neglect proceeding was commenced with regard to respondent and upon respondent's admission, Family Court made a finding of neglect and issued a dispositional order placing the child with petitioner for a period of 12 months. In view of the subsequent final order placing the child with petitioner, respondent's appeal from the temporary order is moot ( see, Matter of Tantalyn TT., 115 A.D.2d 799, 800; see also, Matter of Ballard v. Parker, 232 A.D.2d 740, 741; cf., Matter of Karen PP. v. Clyde QQ., 197 A.D.2d 753), and we are unpersuaded that the underlying facts bring this matter within the exception to the mootness doctrine ( see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; Matter of Ballard v. Parker, supra).
Cardona, P. J., White, Peters and Carpinello, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.