Decided and Entered: April 6, 2006 97633 ________________________________ In the Matter of JOLYSSA EE., a Neglected Child. WASHINGTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MARIE EE. Appellant. ___________________________ Calendar Date: February 16, 2006 Before: Mercure, J.P., Crew III, Peters, Rose and Kane, JJ. __________ Marsha K. Purdue, Glens Falls, for appellant. John E. Kenny, Ballston Spa, for respondent. Leslie W. Ryan, Law Guardian, Fort Edward. __________ Peters, J. Appeal from an order of the Family Court of Washington County (Berke, J.), entered December 22, 2004, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to extend the placement of respondent’s child. Respondent’s child (born in 2000) was voluntarily removed from her care and placed in foster care in December 2003 due to, among other things, incidents of domestic abuse between respondent and her boyfriend which were witnessed by the child. In April 2004, the child was adjudicated to be neglected and placed in the custody of petitioner. During that one-year placement, respondent was ordered to receive mental health counseling, participate in a domestic violence prevention program, maintain a safe and stable living environment, cooperate with her mental health providers, and abide by an order of protection prohibiting contact between her boyfriend and the child. In September 2004, respondent sought a termination of placement and, in October 2004, petitioner filed for an extension of placement. After a hearing, Family Court determined that the child’s placement would be extended for one year, expiring in December 2005; a separate order was issued dismissing respondent’s application and she appeals solely from the extension order. Since the order from which respondent appeals expired in December 2005, and there has been a subsequent extension order which has not been appealed, this appeal is moot (see Matter of Thomas JJ. [Shirley KK.], 14 AD3d 953, 954 [2005]; Matter of Nikita ZZ. [Victoria ZZ.], 307 AD2d 415, 416 [2003]; Matter of Joseph M., 306 AD2d 612, 612 [2003]).1 Finally, we note that the petition seeking the extension of placement was timely and, although respondent correctly contended that petitioner’s answer to her petition was untimely, the record reflects that petitioner’s request for permission to cure that defect was granted by Family Court. Mercure, J.P., Crew III, Rose and Kane, JJ., concur. ORDERED that the appeal is dismissed, as moot, without costs.
