Opinion
2013-04-4
In the Matter of STEPHEN N., a Neglected Child. Columbia County Department of Social Services, Respondent; Sandra X., Respondent. William O., Appellant.
Ted J. Stein, Woodstock, for appellant. William J. Better, PC, Kinderhook (Philip S. Meyer of counsel), for Columbia County Department of Social Services, respondent.
Ted J. Stein, Woodstock, for appellant. William J. Better, PC, Kinderhook (Philip S. Meyer of counsel), for Columbia County Department of Social Services, respondent.
Margaret E. Donnelly, East Greenbush, attorney for the child.
Before: MERCURE, J.P., ROSE, McCARTHY and GARRY, JJ.
ROSE, J.
Appeal from an order of the Family Court of Columbia County (Nichols, J.), entered October 25, 2011, which, in a proceeding pursuant to Family Ct. Act article 10, granted a motion by the attorney for the child for an order of protection.
In 2010, William O. consented to a finding that he neglected respondent's daughter (born in 1992) and derivatively neglected her son (born in 2001). In a subsequent proceeding in October 2011, Family Court issued an order of protection directing William O. to stay away from the son for a period of one year. William O. appeals from that order of protection.
Inasmuch as the challenged order of protection expired on October 25, 2012, and any determination will not directly affect William O.'s rights, the appeal is moot ( see Matter of Olivia SS. [William TT.], 75 A.D.3d 800, 801, 905 N.Y.S.2d 350 [2010];Matter of Destiny HH., 63 A.D.3d 1230, 1231, 880 N.Y.S.2d 371 [2009],lv. denied13 N.Y.3d 706, 887 N.Y.S.2d 3, 915 N.E.2d 1181 [2009] ). Further, we find no basis to conclude that the exception to the mootness doctrine applies ( see Matter of Justin CC. [George CC.-Tina CC.], 86 A.D.3d 725, 726, 927 N.Y.S.2d 431 [2011];Matter of Destiny HH., 63 A.D.3d at 1231, 880 N.Y.S.2d 371). William O.'s arguments directed to the earlier finding of neglect and derivative neglect are not properly before us because he did not appeal from Family Court's dispositional order ( see Matter of Dezerea G. [Lisa G.], 97 A.D.3d 933, 935 n., 947 N.Y.S.2d 847 [2012];Matter of Ariane I. v. David I., 82 A.D.3d 1547, 1548 n., 919 N.Y.S.2d 252 [2011],lv. denied17 N.Y.3d 703, 929 N.Y.S.2d 94, 952 N.E.2d 1089 [2011] ).
ORDERED that the appeal is dismissed, as moot, without costs.