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In the Matter of CHAVI S. (ANONYMOUS). SUSAN R. (ANONYMOUS), appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, OF THE CITY OF NEW YORK, respondent.

DECISION ORDER

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

The dispositional order, by its terms, expired in January 1999. Thus, the appeal from so much of the order of disposition as placed the child with the petitioner must be dismissed as academic (see, Matter of Commissioner of Social Servs. v. Kim G., 240 A.D.2d 664). Generally, this would not preclude review of the fact-finding order (see, Matter of Commissioner of Social Servs. v. Kim G., supra). However, in the case at bar, the fact-finding order was entered on the default of the mother (see, Matter of Ashlee X., 244 A.D.2d 707, 709). Thus, the finding of neglect cannot be reviewed because no appeal lies from an order entered on the default of the appealing party (see, CPLR 5511 N.Y.CPLR; Matter of Geraldine Rose W., 196 A.D.2d 313). Accordingly, the entire appeal must be dismissed.

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MATTER OF CHAVI S
(Feb 17, 2000)