Opinion
CAF 20-01242 Docket No: B-319-19 Docket No: B-320-19
02-25-2021
IN THE MATTER OF AARON P. AND MELVIN P. JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; COLLEEN P., RESPONDENT-APPELLANT.
PRESENT:
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Jefferson County, entered March 10, 2020, and respondent-appellant having cross-moved for permission to proceed with a late notice of appeal,
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal as untimely taken is denied (see Executive Order [Cuomo] Nos. 202.60, 202.67 [9 NYCRR 8.202.60, 8.202.67]), and
It is further ORDERED that the motion is otherwise granted and the appeal is dismissed on the ground that any challenge to the portion of the order finding permanent neglect is not properly before the Court (see Matter of Abigail H., 172 AD3d 1922, 1923 [4th Dept 2019], lv denied 34 NY3d 901 [2019]) and the appeal from the order insofar as it concerns the disposition has been rendered moot (see Matter of Jaxson S., 170 AD3d 1687, 1688 [4th Dept 2019]), and
It is further ORDERED that the cross motion is dismissed.
Entered: February 25, 2021
Mark W. Bennett
Clerk of the Court