Opinion
Argued April 28, 2000.
June 5, 2000.
In a neglect proceeding pursuant to Family Court Act article 10, the mother appeals from (1) an order of the Family Court, Queens County (Lubow, J.), dated December 10, 1997, which denied her application pursuant to Family Court Act § 1028 for return of her two children temporarily removed from her custody, and (2) a fact-finding order of the same court, dated May 5, 1998, which, upon her default in appearing at the fact-finding hearing, found that she neglected the subject children.
Carol Kahn, New York, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow, Jane S. Earle, and Elizabeth S. Natrella of counsel), for respondent.
Monica Drinane, New York, N.Y. (Marcia Egger of counsel), Law Guadian for the children.
Before: CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated December 10, 1997, is dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the appeal from the order dated May 5, 1998, is dismissed, without costs or disbursements.
The appeal from the order dated December 10, 1997, was rendered academic by the subsequent fact-finding order dated May 5, 1998 (see, Matter of S. [Philip D.] v. Francine B., 265 A.D.2d 212; Matter of Rasheeda L. [Annie G.], 264 A.D.2d 649; Matter of Meldoy B. [Mary Ann B.], 234 A.D.2d 1005; Matter of Terrell H. [Alberta F.], 197 A.D.2d 372, 373; Matter of Toni "WW", 52 A.D.2d 108, 111).
Since the fact-finding order dated May 5, 1998, was entered upon the default of the mother in appearing at the fact-finding hearing, 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; Matter of Chavi S., 269 A.D.2d 454 [2d Dept., Feb. 14, 2000]; Matter of Vanessa M. [Robert M.], 263 A.D.2d 542).