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In re Jadalynn Hh.

Supreme Court, Appellate Division, Third Department, New York.
Jan 14, 2016
135 A.D.3d 1089 (N.Y. App. Div. 2016)

Opinion

01-14-2016

In the Matter of JADALYNN HH., Alleged to be a Neglected Child. St. Lawrence County Department of Social Services, Respondent; Roy HH., Appellant. (And Another Related Proceeding.).

Susan Patnode, Rural Law Center of New York, Plattsburgh (Rebecca L. Fox of counsel), for appellant. Kathryn A. Exoo, St. Lawrence County Department of Social Services, Canton, for respondent. Maureen McGaw, Canton, attorney for the child.


Susan Patnode, Rural Law Center of New York, Plattsburgh (Rebecca L. Fox of counsel), for appellant.

Kathryn A. Exoo, St. Lawrence County Department of Social Services, Canton, for respondent.

Maureen McGaw, Canton, attorney for the child.

Before: LAHTINEN, J.P., McCARTHY, EGAN JR., LYNCH and CLARK, JJ.

McCARTHY, J.Appeals from two orders of the Family Court of St. Lawrence County (Morris, J.), entered June 2, 2014, which granted petitioner's applications, in two proceedings pursuant to Family Ct. Act article 10, to, among other things, temporarily remove the subject child from respondent's custody.

In March 2014, petitioner commenced these two proceedings on allegations that respondent violated an order of protection and neglected the child (born in 2010). Petitioner requested that the child be removed from respondent's care and, following a hearing pursuant to Family Ct. Act § 1027, Family Court ordered the temporary removal of the child and placement with petitioner. Respondent appeals.

During the pendency of these appeals, Family Court has adjudicated the child to be neglected by respondent and placement was continued with petitioner. Given this subsequent order, respondent's appeals from the prior temporary orders of removal have been rendered moot, and they do not fall into the exception to that doctrine (see Matter of Brandon WW. [Kimberley WW.], 116 A.D.3d 1108, 1109, 982 N.Y.S.2d 924 [2014] ; Matter of Mary YY. [Albert YY.], 98 A.D.3d 1198, 1198, 950 N.Y.S.2d 918 [2012] ; Matter of Cali L., 61 A.D.3d 1131, 1133, 876 N.Y.S.2d 557 [2009] ).ORDERED that the appeals are dismissed, as moot, without costs.

LAHTINEN, J.P., EGAN JR., LYNCH and CLARK, JJ., concur.


Summaries of

In re Jadalynn Hh.

Supreme Court, Appellate Division, Third Department, New York.
Jan 14, 2016
135 A.D.3d 1089 (N.Y. App. Div. 2016)
Case details for

In re Jadalynn Hh.

Case Details

Full title:In the Matter of JADALYNN HH., Alleged to be a Neglected Child. St…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Jan 14, 2016

Citations

135 A.D.3d 1089 (N.Y. App. Div. 2016)
22 N.Y.S.3d 917

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