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In the Matter of Nesrine E

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 565 (N.Y. App. Div. 2001)

Opinion

Argued September 24, 2001.

October 15, 2001.

In a proceeding pursuant to Family Court Act article 7, the appeal is from an order of disposition of the Family Court, Suffolk County (Simeone, J.), entered March 15, 2001, which, upon the admission of Nesrine E. to the allegations contained in the peittion, adjudged her to be a person in need of supervision and directed that she be placed under the supervision of the Suffolk County Probation Department for a period of one year.

Mohamed E. (Anonymous), Patchogue, N.Y., appellant pro se.

Stephen R. Hellman, Sayville, N.Y., Law Guardian for the child.

Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order of disposition is affirmed, without costs or disbursements.

To the extent that the appellant contends that the Family Court should have granted his application to have his daughter, Nesrine E., "place[d]" in his "custody" (Family Court Act § 756[a][1]), we agree with the court that her "needs and best interests" will best be served by her placement in a residential treatment center (Matter of Jeremy L., 220 A.D.2d 908). To the extent that the appellant's pending custody proceeding may have been dismissed, our holding is without prejudice to the appellant bringing a new proceeding.

The remaining contentions raised in the appellant's pro se brief, all of which are purportedly made on behalf of Nesrine E., cannot be considered, as she is represented by a Law Guardian who is protecting her interests and the appellant has no standing to address these issues (Family Court Act § 241; see also, Family Court Act § 249[a]; cf., Matter of Mittenthal v. Dumpson, 37 Misc.2d 502, 510).

ALTMAN, J.P., McGINITY, H. MILLER and FEUERSTEIN, JJ., concur.


Summaries of

In the Matter of Nesrine E

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 565 (N.Y. App. Div. 2001)
Case details for

In the Matter of Nesrine E

Case Details

Full title:IN THE MATTER OF NESRINE E. (ANONYMOUS). COLEEN RUPP-E. (ANONYMOUS)…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 15, 2001

Citations

287 A.D.2d 565 (N.Y. App. Div. 2001)
731 N.Y.S.2d 662

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