Opinion
04-19-2017
In the Matter of TYONNA W. (Anonymous). Administration for Children's Services, respondent; Tywanna K.L. (Anonymous), appellant.
Mark Brandys, New York, NY, for appellant. Zachary W. Carter, Corporation Counsel, New York, NY (Deborah A. Brenner and Benjamin Welikson of counsel), for respondent. Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Judith Stern of counsel), attorney for the child (no brief filed).
Mark Brandys, New York, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Deborah A. Brenner and Benjamin Welikson of counsel), for respondent.
Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Judith Stern of counsel), attorney for the child (no brief filed).
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, HECTOR D. LaSALLE, and FRANCESCA E. CONNOLLY, JJ.
Appeals by the mother from (1) an order of fact-finding of the Family Court, Queens County (Mary R. O'Donoghue, J.), dated January 25, 2016, and (2) an order of disposition of that court dated March 21, 2016. The order of fact-finding, upon her consent without admission, found that the mother neglected the subject child. The order of disposition, upon the fact-finding order and after a dispositional hearing, inter alia, released the child to the custody of the father, under the supervision of the Administration for Children's Services for a period of nine months.
ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements; and it is further,
ORDERED that the appeal from the order of disposition is dismissed, without costs or disbursements.
The appeal from the order of fact-finding must be dismissed, as no appeal lies from an order entered upon the consent of the appealing party (see Matter of Dayyan J.L. [Dayyan L.], 131 A.D.3d 1245, 1246, 17 N.Y.S.3d 731 ; Matter of Alexa V. [Antonio V.], 130 A.D.3d 838, 838, 12 N.Y.S.3d 580 ).
The appeal from the order of disposition must be dismissed as academic as the periods of placement and supervision have expired, and the subject child has reached 18 years of age (see Matter of Brilliance B. [Sydell B.], 133 A.D.3d 652, 653, 19 N.Y.S.3d 561 ; Matter of Dayyan J.L. [Autumn M.], 131 A.D.3d 1243, 1244, 17 N.Y.S.3d 729 ; Matter of Michael O.F. [Fausat O.], 119 A.D.3d 785, 785, 989 N.Y.S.2d 343 ; Matter of Shamika K.L.N. [Melvin S.L.], 101 A.D.3d 729, 730, 955 N.Y.S.2d 623 ; Matter of Lindsay B. [Carlton B.], 80 A.D.3d 763, 764, 916 N.Y.S.2d 778 ; Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 1033, 896 N.Y.S.2d 470 ; Matter of Jeremy H., 193 A.D.2d 799, 800, 598 N.Y.S.2d 277 ).