IN THE MATTER OF EDDIE J

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Docket Number

2002-02140

Attorney(S)

Sondra I. Harris, Woodmere, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Alan Beckoff of counsel), for respondent. Ron D'Addario, Brooklyn, N.Y., Law Guardian for the children.

Judges

Robert J. Miller
Reinaldo E. Rivera

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IN THE MATTER OF EDDIE J. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, respondent; CONCHITA J. (ANONYMOUS), appellant. (PROCEEDING NO. 1) IN THE MATTER OF PORTIA J. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, respondent; CONCHITA J. (ANONYMOUS), appellant. (PROCEEDING NO. 2)

DECISION ORDER

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

The dispositional order expired by its own terms in December 2002. Thus, the appeal from so much of the order of disposition as placed the children with the petitioner must be dismissed as academic (see Matter of Chavi S., 269 A.D.2d 454; Matter of Barbara S., 261 A.D.2d 408). Generally, this would not preclude review of the fact-finding order (see Matter of Chavi S., supra at 454). However, the fact-finding order was entered on the mother's default (see 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 Chavi S., supra at 454). Accordingly, the entire appeal must be dismissed (see Matter of Chavi S., supra at 454).

S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.

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