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In re Carlos G

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 2010
74 A.D.3d 687 (N.Y. App. Div. 2010)

Opinion

No. 3159.

June 29, 2010.

Appeal from decision of Family Court, Bronx County (Jennifer S. Burtt, Ref.), dated November 9, 2009, which directed petitioner to determine whether the child's putative adoptive parents desired to maintain an open or a closed adoption, in order to assist the court in determining whether visitation with respondent mother was in the child's best interests, unanimously dismissed, without costs, as taken from a nonappealable paper.

Stacy E. Charland, The Bronx Defenders, Bronx (Kara Finck of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for ACS, respondent.

Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for Episcopal Social Services, respondent.

Tamara A. Steckler, The Legal Aid Society, New York (John Newbery of counsel), Law Guardian.

Before: Tom, J.P., Sweeny, Catterson, McGuire and Román, JJ.


A "decision" is not an appealable order under CPLR 5512 (a) ( see Rodriquez v Chapman-Perry, 63 AD3d 645). Moreover, respondent is not an aggrieved party because no determination was made concerning visitation, since the resolution of her motion on that point was contingent on future events.


Summaries of

In re Carlos G

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 2010
74 A.D.3d 687 (N.Y. App. Div. 2010)
Case details for

In re Carlos G

Case Details

Full title:In the Matter of CARLOS G., an Infant. BERNADETTE M., Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 29, 2010

Citations

74 A.D.3d 687 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5689
902 N.Y.S.2d 820

Citing Cases

Bernadette M. v. N.Y.C. Admin. for Children's Servs. (In re Carlos G.)

The record does not reflect that the mother ever provided written consent to the order of reference to the…