Opinion
2002-02140
Argued February 24, 2003.
March 17, 2003.
In two related neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Queens County (Lubow, J.), dated December 24, 2001, which, upon a fact-finding order of the same court, dated May 5, 1998, entered upon her default in appearing at the fact-finding hearing, finding that she had neglected the subject children, placed them in the custody of the Administration for Children's Services of the City of New York for a period of 12 months.
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.
Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
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.