Matter of A.K. (A.B.)

Summary

The Appellate Division, First Department dismissed as moot a mother's appeal from a Family Court permanency order continuing a child's placement in the custody of the Commissioner of Social Services. The appeal became moot after a subsequent order released the child to the mother's care, and the court declined to apply an exception to the mootness doctrine.

Holdings

1. The appeal was moot because the February 13, 2025 permanency hearing order was superseded by the February 21, 2025 order releasing the child to the mother's care, thereby granting the mother the relief she sought.
2. No exception to the mootness doctrine applied because the record did not show that the issue was likely to recur, sufficiently substantial or novel to warrant review despite mootness, or one that typically evades review.

Questions Presented

1. Whether the mother's appeal from the February 13, 2025 permanency hearing order was rendered moot when a later order released the child to the mother's care.
2. Whether the appeal warranted an exception to the mootness doctrine because the issue was likely to recur, sufficiently substantial or novel, or likely to evade review.

Disposition

dismissed