Matter of Eleazar F. (Adriana H.)

Matter of Eleazar F. (Adriana H.) 2014 NY Slip Op 01748 Decided on March 19, 2014 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 March 19, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
2012-09843
(Docket Nos. N-9131-11, N-9132-11)

[*1]In the Matter of Eleazar F. (Anonymous). Administration for Children's Services, respondent;

and

Adriana H. (Anonymous), appellant. (Proceeding No. 1)



In the Matter of Emanuel F. (Anonymous). Administration for Children's Services, respondent;

and

Adriana H. (Anonymous), appellant. (Proceeding No. 2)




Steven P. Forbes, Jamaica, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y.
(Pamela Seider Dolgow of counsel; Rogan
McCally on the brief), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and
Patricia S. Colella of counsel), attorney for
the children.


DECISION & ORDER

In related child protective proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Kings County (Weinstein, J.), dated September 21, 2012, as, upon a fact-finding order of the same court dated August 24, 2011, entered upon her admission of neglect, placed the child Eleazar F. in the custody of the New York City Administration for Children's Services until the next permanency hearing.

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

The appeal from the portion of the order of disposition which placed the child Eleazar F. in the custody of the New York City Administration for Children's Services until the next permanency hearing must be dismissed as academic, as the period of placement has already expired (see Matter of Alexandria M. [Mattie M.], 108 AD3d 548).

The appeal from the portion of the order of disposition which brings up for review the finding of neglect is not academic (see Matter of Ifeiye O., 53 AD3d 501). However, the appeal from that portion of the order must also be dismissed because the finding of neglect was entered [*2]upon the mother's admission (see CPLR 5511; Matter of Edelyn S., 62 AD3d 713).
DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court