Opinion
Argued January 3, 2000
February 17, 2000
In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Kings County (Hepner, J.), dated January 5, 1998, which, upon a fact-finding order of the same court dated March 18, 1997, finding that she had neglected her daughter Chavi S., placed the child in the custody of the Commissioner of the Administration for Children's Services of the City of New York for a period of 12 months.
Jeffrey C. Bluth, Brooklyn, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Julie Steiner of counsel), for respondent.
Monica Drinane, New York, N.Y. (Diane Pazar of counsel), Law Guardian for the child.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY, HOWARD MILLER, JJ.
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.