Opinion
2012-12-26
In the Matter of MICHAEL O.F. (Anonymous). Administration for Children's Services, respondent; Fausat O. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joseph O.A. (Anonymous), Jr. Administration for Children's Services, respondent; Fausat O. (Anonymous), appellant. (Proceeding No. 2).
Fausat O. (Anonymous), Staten Island, N.Y., appellant pro se. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Norman Corenthal of counsel), for respondent.
Fausat O. (Anonymous), Staten Island, N.Y., appellant pro se. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Norman Corenthal of counsel), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Diane Pazar of counsel), attorney for the children.
In two related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Richmond County (Wolff, J.), dated January 24, 2012, which directed the State Office of Children and Family Services or Lincoln Hall to notify the petitioner, Administration for Children's Services, when the child Joseph O.A. is released from its custody.
ORDERED that the appeal from the order is dismissed, without costs or disbursements, as the appellant is not aggrieved thereby.
A person is aggrieved within the meaning of CPLR 5511 “when he or she asks for relief but that relief is denied in whole or in part,” or, when someone “asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part” ( Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132 [emphasis omitted]; see Matter of Matthew L., 85 A.D.3d 917, 925 N.Y.S.2d 353;Mahmood v. Gutman, 81 A.D.3d 792, 916 N.Y.S.2d 802). Applying these principles to the matter before us, the appellant is not aggrieved by the order directing the State Office of Children and Family Services or Lincoln Hall to notify the petitioner, Administration for Children's Services, when the child Joseph O.A. is released from its custody, and, accordingly, her appeal must be dismissed.