Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In re Alexandria M. (Anonymous)

Supreme Court of New York, Second Department

July 3, 2013

In the Matter of Alexandria M. (Anonymous). Administration for Children's Services, petitioner- respondent; and Mattie M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Madison M. (Anonymous). Administration for Children's Services, petitioner- respondent; and Mattie M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Tyrese A. B. (Anonymous). Administration for Children's Services, petitioner- respondent; and Mattie M. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) Docket Nos. N-7914-11, N-7915-11, N-7916-11

Frank Bruno, Jr., Glendale, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Dona B. Morris of counsel), for petitioner-respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorney for the children.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, L. PRISCILLA HALL, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

In three related child protective proceedings pursuant to Family Court Act article 10, the grandmother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Queens County (McGowan, J.), dated December 16, 2011, as, upon a fact-finding order of the same court dated November 4, 2011, entered upon her failure to appear at the fact-finding hearing, finding that she neglected the children Alexandria M. and Madison M., placed them in the custody of the Commissioner of Social Services of the City of New York until the next permanency hearing.

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

The appeal from so much of the order of disposition as placed the children in the custody of the Commissioner of Social Services of the City of New York until the next permanency hearing must be dismissed as academic, as the period of placement has already expired (see Matter of Najad D. [ Kiswana M. ], 99 A.D.3d 707, 708; Matter of Niviya K. [ Alfonzo M.], 89 A.D.3d 1027; Matter of Nyia L. [ Egipcia E. C. ], 88 A.D.3d 882; Matter of Emanuel Q. [ Luis M.], 73 A.D.3d 1181; Matter of Ifeiye O., 53 A.D.3d 501). Generally, this would not preclude review of the fact-finding order (see Matter of Najad D. [ Kiswana M. ], 99 A.D.3d at 708; Matter of Niviya K. [ Alfonzo M. ], 89 A.D.3d at 1027; Matter of Nyia L., 88 A.D.3d at 882; Matter of Emanuel Q., 73 A.D.3d at 1181; Matter of Ifeiye O., 53 A.D.3d at 501). However, the fact-finding order was entered upon the grandmother's failure to appear at the fact-finding hearing (see Matter of Miguel M.-R.B., 36 A.D.3d 613; Matter of Eddie J., 273 A.D.2d 239; Matter of Vanessa M., 263 A.D.2d 542; Matter of Ashlee X., 244 A.D.2d 707). Thus, the finding of neglect cannot be reviewed since no appeal lies from an order that is entered on the default of the appealing party (see CPLR 5511; Matter of Eddie J., 273 A.D.2d 239; Matter of Chavi S., 269 A.D.2d 454). Accordingly, the entire appeal must be dismissed (see Matter of Eddie J., 303 A.D.2d 587; Matter of Chavi S., 269 A.D.2d 454).

MASTRO, J.P., BALKIN, HALL and AUSTIN, JJ., concur.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.