Opinion
1456 CAF 16–00088
12-21-2018
In the MATTER OF KEON D.W. Niagara County Department of Social Services, Petitioner–Respondent; v. Desire E., Respondent–Appellant.
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT. ANTHONY L. RESTAINO, LOCKPORT, FOR PETITIONER–RESPONDENT. MELISSA A. CAVAGNARO, BUFFALO, ATTORNEY FOR THE CHILD.
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT.
ANTHONY L. RESTAINO, LOCKPORT, FOR PETITIONER–RESPONDENT.
MELISSA A. CAVAGNARO, BUFFALO, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDERIt is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondent mother appeals from an order entered in a proceeding pursuant to Family Court Act article 10, which awarded temporary custody of her son to the son's biological father while she was incarcerated. We dismiss the appeal because a finding of neglect and final dispositional order was entered during the pendency of this appeal. An appeal from a temporary order is "rendered moot by Family Court's subsequent finding of neglect" and issuance of a final dispositional order, and thus "must be dismissed" ( Matter of Makayleigh A. [Miranda A.], 146 A.D.3d 1103, 1104, 44 N.Y.S.3d 788 [3d Dept. 2017] ; see 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] ). " ‘Inasmuch as a temporary order is not a finding of wrongdoing, the exception to the mootness doctrine does not apply’ " ( Matter of Faith B. [Rochelle C.], 158 A.D.3d 1282, 1282–1283, 68 N.Y.S.3d 352 [4th Dept. 2018], lv denied 31 N.Y.3d 910, 2018 WL 2977096 [2018] ; see Matter of Cali L., 61 A.D.3d 1131, 1133, 876 N.Y.S.2d 557 [3d Dept. 2009] ).