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IN RE: JOURNI PP. (2021)

Supreme Court, Appellate Division, Third Department, New York.2021-05-13No. 531498

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Opinion

MEMORANDUM AND ORDER

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered April 21, 2020, which, in two proceedings pursuant to Family Ct Act article 10, temporarily removed the subject child from respondents custody.

Respondent Amanda QQ. and respondent Steffen PP. (hereinafter the father) are the parents of a child (born in 2020).  The day after the childs birth, respondents executed a three-day consent form consenting to the removal of the child and placement of the child in petitioners care.  Petitioner thereafter commenced these proceedings under Family Ct Act article 10 seeking an adjudication that the child was neglected and requesting the continued removal of the child from respondents care.  Following a hearing under Family Ct Act § 1027, Family Court, in an April 2020 order, granted petitioners motion to continue the temporary removal of the child.  The father appeals.

This Court has been advised that, in March 2021, Family Court issued an order finding that respondents neglected the child.  After a dispositional hearing, the court, in an April 2021 order, continued the removal of the child.  In view of the foregoing, the fathers appeal from the April 2020 order is moot (see Matter of Jadalynn HH. [Roy HH.], 135 A.D.3d 1089, 1089, 22 N.Y.S.3d 917 [2016];  Matter of Gabriella UU. [Kelly VV.], 83 A.D.3d 1306, 1307, 920 N.Y.S.2d 746 [2011]).  Because the exception to the mootness doctrine does not apply (see Matter of Makayleigh A. [Miranda A.], 146 A.D.3d 1103, 1104, 44 N.Y.S.3d 788 [2017]), the appeal must be dismissed.

ORDERED that the appeal is dismissed, as moot, without costs.

Aarons, J.

Garry, P.J., Lynch, Clark and Colangelo, JJ., concur.