Opinion
459 CAF 19-00859
06-12-2020
In the MATTER OF NOVALEIGH B. Chautauqua County Department of Health and Human Services, Petitioner-Respondent; v. Jennifer B., Respondent-Respondent. (Proceeding No. 1.) In the Matter of Darren B., Petitioner-Respondent, v. Jennifer B., Respondent-Respondent. (Proceeding No. 2.) Mary S. Hajdu, Esq., Attorney for the Child, Appellant. (Appeal No. 1.)
MARY S. HAJDU, LAKEWOOD, ATTORNEY FOR THE CHILD, APPELLANT PRO SE.
MARY S. HAJDU, LAKEWOOD, ATTORNEY FOR THE CHILD, APPELLANT PRO SE.
PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal is unanimously dismissed without costs
Memorandum: In these proceedings pursuant to Family Court Act articles 6 and 10, the attorney for the child (AFC) appeals in appeal No. 1 from an order that, inter alia, denied the AFC's motion seeking, among other things, to vacate an order of fact-finding and disposition that, inter alia, adjudged the subject child to be neglected and returned the child to the care of respondent mother under the supervision of petitioner Chautauqua County Department of Health and Human Services. In appeal No. 2, the AFC appeals from the order of fact-finding and disposition. We dismiss as moot the AFC's appeals from both orders inasmuch as her contentions involve only a challenge to the dispositional part of the order of fact-finding and disposition, and "the order has expired by its terms" ( Matter of Kennedie M. [Douglas M.] , 89 A.D.3d 1544, 1546, 934 N.Y.S.2d 278 [4th Dept. 2011], lv denied 18 N.Y.3d 808, 2012 WL 539274 [2012] ; see Matter of Jaime D. [James N.] [appeal No. 2], 170 A.D.3d 1524, 1525, 94 N.Y.S.3d 535 [4th Dept. 2019], lv denied 34 N.Y.3d 901, 2019 WL 5382260 [2019] ; Matter of Gabriella G. [Jeannine G.] , 104 A.D.3d 1136, 1136, 962 N.Y.S.2d 537 [4th Dept. 2013] ).