Matter of Guzman (Morales)

Matter of Carlos G. (Bernadette M.) 2010 NY Slip Op 05689 [74 AD3d 687] June 29, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

In the Matter of Carlos G., an Infant. Bernadette M., Appellant; Administration for Children's Services, Respondent. Episcopal Social Services, Nonparty Respondent.

—[*1] Stacy E. Charland, The Bronx Defenders, Bronx (Kara Finck of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for Administration for Children's Services, respondent.

Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for Episcopal Social Services, respondent.

Tamara A. Steckler, The Legal Aid Society, New York (John Newbery of counsel), Law Guardian.

Appeal from decision of Family Court, Bronx County (Jennifer S. Burtt, Ref.), dated November 9, 2009, which directed petitioner to determine whether the child's putative adoptive parents desired to maintain an open or a closed adoption, in order to assist the court in determining whether visitation with respondent mother was in the child's best interests, unanimously dismissed, without costs, as taken from a nonappealable paper.

A "decision" is not an appealable order under CPLR 5512 (a) (see Rodriquez v Chapman-Perry, 63 AD3d 645 [2009]). Moreover, respondent is not an aggrieved party because no determination was made concerning visitation, since the resolution of her motion on that point was contingent on future events. Concur—Tom, J.P., Sweeny, Catterson, McGuire and RomÁn, JJ.