IN RE: KEON D.W. (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum:  Respondent mother appeals from an order entered in a proceeding pursuant to Family Court Act article 10, which awarded temporary custody of her son to the son's biological father while she was incarcerated.  We dismiss the appeal because a finding of neglect and final dispositional order was entered during the pendency of this appeal.  An appeal from a temporary order is “rendered moot by Family Court's subsequent finding of neglect” and issuance of a final dispositional order, and thus “must be dismissed” (Matter of Makayleigh A. [Miranda A.], 146 A.D.3d 1103, 1104, 44 N.Y.S.3d 788 [3d Dept. 2017];  see Matter of Bruce P., 138 A.D.3d 864, 865, 29 N.Y.S.3d 536 [2d Dept. 2016];  Matter of John S., 26 A.D.3d 870, 870, 810 N.Y.S.2d 754 [4th Dept. 2006] ).  “ ‘Inasmuch as a temporary order is not a finding of wrongdoing, the exception to the mootness doctrine does not apply’ ” (Matter of Faith B. [Rochelle C.], 158 A.D.3d 1282, 1282–1283, 68 N.Y.S.3d 352 [4th Dept. 2018], lv denied 31 N.Y.3d 910, 2018 WL 2977096 [2018];  see Matter of Cali L., 61 A.D.3d 1131, 1133, 876 N.Y.S.2d 557 [3d Dept. 2009] ).