In re Justyce Hh.

Full title: In the Matter of JUSTYCE HH., Alleged to be a Permanently Neglected Child…

Court: Supreme Court, Appellate Division, Third Department, New York.

Date published: Jun 8, 2017

53 N.Y.S.3d 573 (N.Y. App. Div. 2017)

Opinion

06-08-2017

In the Matter of JUSTYCE HH., Alleged to be a Permanently Neglected Child. Clinton County Department of Social Services, Respondent; Shannon HH., Appellant.

Rebecca L. Fox, Plattsburgh, for appellant. Ethan D. Bonner, Clinton County Department of Social Services, Plattsburgh, for respondent. Kathleen Insley, Plattsburgh, attorney for the child.

GARRY, J.

Rebecca L. Fox, Plattsburgh, for appellant.

Ethan D. Bonner, Clinton County Department of Social Services, Plattsburgh, for respondent.

Kathleen Insley, Plattsburgh, attorney for the child.

Before: PETERS, P.J., GARRY, DEVINE, MULVEY and AARONS, JJ.

GARRY, J.

Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered November 12, 2015, which granted petitioner's application, in a proceeding pursuant to Social Services Law § 384–b, to adjudicate the subject child to be permanently neglected.Respondent is the mother of the subject child (born in 2009). In October 2013, while respondent was incarcerated, the child was removed from the father's home and placed with the maternal grandmother. The child was thereafter adjudicated to be neglected by the father. In January 2014, the child was removed from the maternal grandmother's care and placed without challenge in petitioner's custody, where the child has remained. In June 2015, petitioner filed a permanent neglect petition against respondent. Following a three-day fact-finding hearing, Family Court adjudicated the child to be permanently neglected. Respondent's parental rights were terminated following a subsequent dispositional hearing and order. Respondent appeals.

The appeal was taken solely from the fact-finding order, which is not appealable as of right, and the record lacks any indication that there was any appeal from the subsequent order of disposition (see Family Ct. Act § 1112 [a] ). In these circumstances, we decline to treat the notice of appeal as a request for permission to appeal (see Matter of Melijah NN. [Russell NN.], 150 A.D.3d 1348, ––––, 51 N.Y.S.3d 440, 2017 N.Y. Slip Op. 03579, *2 [2017]; Matter of Alyssa L. [Deborah K.], 93 A.D.3d 1083, 1084–1085, 941 N.Y.S.2d 740 [2012] ). Accordingly, the appeal must be dismissed.

ORDERED that the appeal is dismissed, without costs.

PETERS, P.J., DEVINE, MULVEY and AARONS, JJ., concur.