Opinion
2014-10-29
In the Matter of AGAM B. (Anonymous). Administration for Children's Services, respondent; Janna W. (Anonymous), appellant.
Francine Shraga, Brooklyn, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Allen Shoikhetbrod of counsel), for respondent.
Francine Shraga, Brooklyn, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Allen Shoikhetbrod of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler, Benjie G. Acunis, Karen Levit, and Judith Stern of counsel), attorney for the child.
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, and HECTOR D. LaSALLE, JJ.
In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Queens County (Richroath, J.), dated August 27, 2013, which granted the motion of the attorney for the child to appoint a guardian ad litem for the child pursuant to CPLR 1201 and 1202 during the pendency of the proceeding beyond his 18th birthday.
ORDERED that the appeal from the order is dismissed, without costs or disbursements, as the mother is not aggrieved thereby.
A person is aggrieved within the meaning of CPLR 5511 “when he or she asks for relief but that relief is denied in whole or in part,” or, when someone “asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part” ( Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132 [emphasis omitted]; see Matter of Michael O.F. [Fausat O.], 101 A.D.3d 1121, 1122, 955 N.Y.S.2d 895). Here, the mother did not “ask[ ] for relief,” and no party “ask[ed] for relief” against her (Mahmood v. Gutman, 81 A.D.3d 792, 792, 916 N.Y.S.2d 802 [internal quotation marks omitted]; see Edgar S. v. Roman, 115 A.D.3d 931, 932, 982 N.Y.S.2d 529). Moreover, when the subject child reached the age of majority, the mother lost the legal right to make decisions on the child's behalf, especially medical decisions, unless she obtained some form of court-authorized guardianship ( see Matter of Chaim A.K., 26 Misc.3d 837,838, 885 N.Y.S.2d 582; see alsoSocial Services Law § 384–b(3)(g)(ii); Family Ct. Act § 1087[a]; 18 NYCRR 441.2[a][1][ii]; [c] ), and here, she did not do so. Accordingly, the mother was not aggrieved by the order appealed from.