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IN RE: KIEARAH P. and Another, Alleged to be Neglected Children. Schenectady County Department of Social Services, Respondent; Angel R., Appellant.
Appeal from an order of the Family Court of Schenectady County (Assini, J.), entered July 25, 2006, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 10, to adjudicate respondent's children to be neglected.
Family Court granted petitioner's application to temporarily remove respondent's two children from her home and, following an evidentiary hearing pursuant to Family Ct. Act § 1028, denied respondent's application to return the children. Thereafter, respondent consented to a finding of neglect in the underlying neglect proceeding and, consistent with the terms of an agreement by the parties, Family Court ordered the children placed in respondent's custody under petitioner's supervision for one year subject to various conditions. This appeal, in which respondent challenges the sufficiency of the evidence at the Family Ct. Act § 1028 hearing, is moot and no exception to the mootness doctrine is applicable (see Matter of Cheyenne QQ., 39 A.D.3d 1044, 1045, 833 N.Y.S.2d 752 [2007]; Matter of Collin Q., 307 A.D.2d 639, 639-640, 762 N.Y.S.2d 528 [2003] ).
ORDERED that the appeal is dismissed, as moot, without costs.
LAHTINEN, J.
MERCURE, J.P., PETERS, CARPINELLO and KANE, JJ., concur.
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Decided: December 06, 2007
Court: Supreme Court, Appellate Division, Third Department, New York.
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