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In re Aria L. (Anonymous)

Supreme Court of New York, Second Department

January 15, 2014

In the Matter of Aria L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; and Wesley C. (Anonymous), appellant, et al., respondent. Docket No. N-197662-12

Glen A. Suarez, Huntington, N.Y., for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (Randall J. Ratje of counsel), for petitioner-respondent.

Arza Feldman, Uniondale, N.Y., attorney for the child.

MARK C. DILLON, J.P. THOMAS A. DICKERSON, LEONARD B. AUSTIN, SANDRA L. SGROI, JJ.

DECISION & ORDER

In a child neglect proceeding pursuant to Family Court Act article 10, the father appeals (1), as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated January 7, 2013, as, after fact-finding and dispositional hearings, determined that he neglected the subject child and prohibited him from having any visitation with that child, and (2) from a decision of the same court dated January 9, 2013.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509); and it is further, ORDERED that the appeal from so much of the order of fact-finding and disposition as prohibited the father from having any visitation with the subject child is dismissed as academic, without costs or disbursements, as that portion of the order was superseded by a permanency order dated June 26, 2013, awarding the father supervised visitation with the child (see Matter of Jaqwan H., 110 A.D.3d 1078; Matter of Greenidge v Henry, 109 A.D.3d 616; Matter of Anthony B.-A. [ Chandra B. ], 88 A.D.3d 702); and it is further, ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The Family Court's determination that the father neglected his infant daughter due to his drug use was supported by a preponderance of the evidence (see Family Ct Act § 1012[f][i][B]; § 1046 [b][I]). The evidence established, inter alia, that the father had a criminal history of drug possession, including an arrest six months before the child was born, and that during the pendency of the neglect proceeding, he tested positive for cocaine (see Matter of Tylasia B., 72 A.D.3d 1074; Matter of Issiah C., 24 A.D.3d 438; Family Ct Act § 1046 [a][iii]).

DILLON, J.P., DICKERSON, AUSTIN and SGROI, JJ., concur.


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