Admin. for Children's Servs. v. Ticarrah W.P. (In re Jovan W.)

Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Pamela Seider Dolgow of counsel), for respondent.

Steven C. Bernstein, Brooklyn, N.Y., attorney for the child.

In a neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Kings County (Weinstein, J.), dated September 3, 2010, which, after a hearing, denied her application pursuant to Family Court Act § 1028 for the return of her child Jovan W. pending completion of the proceeding and directed her to undergo a mental health evaluation.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The mother's appeal from so much of the order as denied her application for the return of the child Jovan W. pending completion of the proceeding has been rendered academic by the Family Court's completion of the proceeding and its concomitant fact-finding determination of neglect ( see Matter of Charnel T., 49 A.D.3d 427, 853 N.Y.S.2d 346; Matter of Naila A., 39 A.D.3d 628, 629, 831 N.Y.S.2d 919; Matter of Eddie J., 273 A.D.2d 239, 709 N.Y.S.2d 439).

The mother's remaining contention has also been rendered academic. ANGIOLILLO, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.