IN RE: NICKOLAS B. (2018)

MEMORANDUM AND ORDER

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

Memorandum: Respondent mother appeals from an order that denied her Family Court Act § 1028 application seeking the return of her children to her care and custody following their temporary removal pursuant to a prior order.  We dismiss the appeal as moot because a final order of disposition was entered during the pendency of the appeal, finding that the children are neglected and placing them in petitioner's custody.  “[A]n appeal from a denial of an application for return of a child removed as a result of the initiation of a proceeding pursuant to Family [Court] Act article 10 becomes moot at the point a decision is made on the charges of neglect or abuse” (Matter of Corine G. [William G.], 135 A.D.3d 443, 444, 24 N.Y.S.3d 15 [1st Dept. 2016]; see Matter of Bruce P., 138 A.D.3d 864, 865, 29 N.Y.S.3d 536 [2d Dept. 2016]; Matter of Angel C. [Lynn H.], 103 A.D.3d 1246, 1247, 958 N.Y.S.2d 921 [4th Dept. 2013]; cf. Matter of C. Children, 249 A.D.2d 540, 540, 672 N.Y.S.2d 134 [2d Dept. 1998] ) and, “ ‘[i]nasmuch as a temporary order [of removal] 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 Karrie–Ann ZZ. [Tammy ZZ.], 132 A.D.3d 1180, 1181, 19 N.Y.S.3d 128 [3d Dept. 2015] ).