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In the Matter of Melanie C., an Infant. Melissa L., Appellant; Administration for Childrens Services, Respondent

New York Supreme Court, Appellate Division2015-05-12
128 A.D.3d 4607 N.Y.S.3d 894

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Opinion

majority 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.