In re Maiea P.

*292The appeal, insofar as it involves Family Court’s denial of the mother’s application pursuant to Family Court Act § 1028 for return of the child pending completion of neglect proceedings, has been rendered moot by the court’s subsequent fact-finding determination of neglect (see Matter of Jabarry W., 24 AD3d 218, 218 [2005], lv denied 6 NY3d 711 [2006]). The award of custody to the father does not have a sound and substantial basis in the record (Bunim v Bunim, 298 NY 391, 393 [1949]) and is contrary to the totality of the circumstances presented to the court (see Eschbach v Eschbach, 56 NY2d…