Matter of Amiya S. (Twana J.F.--Joe D.)

Matter of Matter of Amiya S. (Twana J.F.--Joe D.) 2012 NY Slip Op 07679 Decided on November 14, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
2011-04946
(Docket Nos. N-27399-10, N-27340-10)

[*1]In the Matter of Amiya S. (Anonymous). Administration for Children's Services, petitioner- respondent;

and

Twana J.F. (Anonymous), et al., respondents-respondents; Joe D. (Anonymous), nonparty-appellant. (Proceeding No. 1)



In the Matter of Sierra S. D. (Anonymous). Administration for Children's Services, petitioner- respondent;

and

Twana J.F. (Anonymous), et al., respondents-respondents; Joe D. (Anonymous), nonparty-appellant. (Proceeding No. 2)




Elliot Green, Brooklyn, N.Y., for nonparty-appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y.
(Diana Lawless of counsel), for
petitioner-respondent (no brief filed).
Rita A. Pelt, Uniondale, N.Y., for respondent-respondent Twana
J.F.
Helene Chowes, New York, N.Y., for respondent-respondent
Johnny S.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire
V. Merkine of counsel), attorney for
the children.


DECISION & ORDER

In two related neglect proceedings pursuant to Family Court Act article 10, Joe D., the father of Sierra S. D., appeals, as limited by his brief, from stated portions of an order of fact-finding and disposition of the Family Court, Kings County (Danoff, J.), dated April 1, 2011, which, inter alia, without a hearing, directed that the respondent Johnny S. have supervised visitation with the child Sierra S. D.

ORDERED that the appeal from so much of the order of fact-finding and disposition as directed that the respondent Johnny S. have supervised visitation with the child Sierra S. D. is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The appeal from so much of the order of fact-finding and disposition as, without a [*2]hearing, directed that the respondent Johnny S. have supervised visitation with the child Sierra S. D. must be dismissed as academic, as that portion of the order has expired (see Matter of Sylvia J., 23 AD3d 560, 561; Matter of Ciara M., 273 AD2d 312, 314).

The appellant's contention that the Family Court erred in placing the children with the Commissioner of Social Services without conducting a dispositional hearing is without merit.

The appellant's remaining contention is not properly before this Court.
MASTRO, J.P., FLORIO, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court