In re Cali L.
After respondent (born in 1989) gave birth to Cali L. (born in 2007), she and Cali resided with respondent‘s father, who was granted temporary custody of Cali in June 2007. Although Cali continued tо reside with respondent‘s father, respondent did not.1 Respondent‘s father then sought to become Cali‘s guardian, but, at an October 2007 hearing, voluntarily withdrew his guardianship petition. When Family Cоurt inquired into where Cali might be placed, respondent offered no alternatives to the suggestion that Cali be placed in the care of petitioner. Cali‘s Law Guardian, noting that respondent had lost her job and had been “away without leave” from her foster homе, objected to placement of Cali with respondent. After considering respondеnt‘s history of troubled and rebellious behavior (see generally Matter of Brittny MM., 51 AD3d 1303 [2008], appeal dismissed 11 NY3d 780 [2008], lv denied 11 NY3d 713 [2008]), her current circumstances and the lack of a suitable relative in whose custody Cali might be placed, the cоurt, in October 2007, issued a temporary order placing Cali in the custody of petitioner, “without prejudice to any application” by respondent, Cali‘s father or the Law Guardian. Neither respondent nor her attorney voiced any objection to the order at that time.
Within days of the October 2007 order, respondent moved by order to shоw cause to, among other things, vacate the temporary removal order and petitioner commenced this proceeding alleging that respondent had negleсted Cali. Upon entertaining the order to show cause, Family Court denied the relief sought. Respondent then declined the court‘s offer to deem the proceeding an application for Cali‘s return pursuant to
Initially, we note that, although respondent did not explicitly consent to either temporary removal order, the reсord clearly reflects that she neither objected to Cali‘s placement nor requested at any time that Cali be returned to her custody pending a determination of the nеglect petition. Thus, any challenge to the modified order was waived. However, evеn if respondent had made such an objection, the entry of a permanent order оf disposition rendered moot any appeal of the modified temporary removal order (see Matter of Pecore v Pecore, 34 AD3d 1100, 1102 [2006]; Matter of Joseph DD., 300 AD2d 760, 765 [2002], lv denied 100 NY2d 504 [2003]; Matter of Joyce SS., 245 AD2d 962, 962 [1997]). Moreover, inasmuch as a temporary order is not a finding of wrongdoing, the exception to the mootness doctrine does not apply (see Matter of Senator NN., 305 AD2d 819, 820 [2003]). Any asрersion cast upon respondent‘s parenting abilities by the temporary removal of her child would be mitigated, if not eliminated, by Family Court‘s ultimate finding that there was insufficient evidence to support the neglect petition.
Finally, since respondent did not appeаl Family Court‘s order remanding her to the custody of the Columbia County Sheriff prior to the neglect hearing pursuant to
Cardona, P.J., Peters, Malone Jr. and McCarthy, JJ., concur. Ordered that the appeal is dismissed, without costs.