Matter of Phillip M. (Phillip M.)

Summary

The Appellate Division, Fourth Department dismissed as moot a father's appeal from a temporary order removing a child from his care in a Family Court neglect proceeding. The appeal became moot after Family Court entered a superseding permanency order, and the exception to the mootness doctrine did not apply because the temporary order was not a finding of wrongdoing.

Holdings

1. The appeal was moot because Family Court entered a superseding permanency order while the appeal was pending.
2. The exception to the mootness doctrine did not apply because a temporary order is not a finding of wrongdoing.

Questions Presented

1. Whether the father's appeal from the temporary removal order was rendered moot by the entry of a superseding permanency order.
2. Whether the exception to the mootness doctrine applied because the temporary order allegedly involved a finding of wrongdoing.

Disposition

dismissed