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Carol YY. v. James OO.

State of New York Supreme Court, Appellate Division Third Judicial Department


December 24, 2009

IN THE MATTER OF CAROL YY., RESPONDENT,
v.
JAMES OO., APPELLANT, AND CLAIRE OO., RESPONDENT. (PROCEEDING NO. 1.)
IN THE MATTER OF GLORIA XX., RESPONDENT,
v.
TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES ET AL., RESPONDENTS, AND JAMES OO., APPELLANT. (PROCEEDING NO. 2.)

The opinion of the court was delivered by: Rose, J.

MEMORANDUM AND ORDER

Calendar Date: November 19, 2009

Before: Peters, J.P., Rose, Malone Jr., Stein and McCarthy, JJ.

Appeal from an order of the Family Court of Tompkins County (Rowley, J.), entered August 19, 2008, which dismissed petitioners' applications, in two proceedings pursuant to Family Ct Act article 6, for custody of the subject child.

The child who is the subject of these proceedings was previously removed from the care of his mother and father (see Matter of James U., 55 AD23d 972 [2008]) and placed in foster care. When petitioners, who are two of the child's aunts, later filed petitions for custody, Family Court held a combined hearing addressing those petitions as well as the parents' violations of a prior court order under Family Ct Act article 10. Family Court dismissed the aunts' custody petitions, and the father alone appeals from that order.

Inasmuch as the order makes no determination other than to dismiss the aunts' custody petitions, the father was not an aggrieved party and he cannot pursue an appeal from it (see CPLR 5511; D'Ambrosio v City of New York, 55 NY2d 454, 459-460 [1982]; Matter of Brian JJ. v Heather KK., 61 AD3d 1285, 1287 [2009]; Matter of Morris v Ciaramitaro, 13 AD3d 924, 924 [2004]).

Peters, J.P., Malone Jr., Stein and McCarthy, JJ., concur.

ORDERED that the appeal is dismissed, without costs.

20091224

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