In re Joyce SS.
Appeal from an order of the Family Court of Tioga County (Callahan, Sr., J.), entered February 21, 1996, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to hold respondent in violation of a prior order of disposition.
On January 11, 1996, Joyce SS., respondent’s daughter, was temporarily removed from respondent’s care without a court order (see, Family Ct Act § 1024) after Joyce disclosed to a caseworker various incidents which violated the terms and conditions imposed upon respondent in a prior neglect order dated July 3, 1995. On January 12, 1996, a violation petition was filed against respondent alleging violations of said order. On January 17, 1996 following a hearing held pursuant to Family Court Act § 1028 for the return of Joyce to respondent, Family Court determined that, based upon the evidence presented, Joyce should remain in petitioner’s custody.
Prior to the commencement of the fact-finding hearing, respondent admitted various allegations contained in the violation petition and stipulated to Joyce’s placement in petitioner’s custody for one year. In the instant appeal, respondent attempts to appeal from the order entered thereon, contending that Family Court erred in upholding the emergency removal without a court order. Inasmuch as a final order of disposition has been entered, any appeal from the temporary order of removal is moot (see, e.g., Matter of Nicotera v Nicotera,
Cardona, P. J., Mercure, Yesawich Jr. and Carpinello, JJ.,