In re Daniel C.

Mercure, J.P.

Appeal from an order of the Family Court of Warren County (Breen, J.), entered March 15, 2005, which, inter alia, dismissed petitioner’s application, in proceeding No. 2 pursuant to Family Ct Act article 6, for custody of the subject child.

In October 2004, petitioner Warren County Department of Social Services (hereinafter DSS) temporarily removed the child *1046(born in 2004) from the custody of his mother, and commenced proceeding No. 1 pursuant to Family Ct Act article 10, alleging that she had neglected the child. After a fact-finding hearing at which the mother failed to appear,…