Matter of Melanie C. (Melissa L.)

128 A.D.3d 460, 7 N.Y.S.3d 894

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 12, 2015
• Docket: 15064
• Status: Published

Opinion

Appeal from order, Family Court, New York County (Susan K. Knipps, J.), entered on or about June 23, 2014, which denied respondent’s application pursuant to Family Court Act § 1028 for the return of the child, unanimously dismissed, without costs, as moot.

Respondent’s appeal has been rendered moot by the subsequent fact-finding determination of neglect against her, made on or about February 23, 2015 (see Matter ofJosee Louise L.H. [DeCarla L.], 121 AD3d 492 [1st Dept 2014], lv denied 24 NY3d 913 [2015]; Matter of Charnel T., 49 AD3d 427 [1st Dept 2008]). Concur — Gonzalez, P.J., Mazzarelli, DeGrasse and Kapnick, JJ.