Matter of Melanie C. (Melissa L.)
2015 NY Slip Op 04033 [128 AD3d 460]
May 12, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2015


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

Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the child.

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 of Josee 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.