Opinion
2000-05261
Submitted November 29, 2001.
December 24, 2001.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the juvenile appeals from so much of an order of the Family Court, Orange County (Bivona, J.), dated April 20, 2000, as denied, without a hearing, his motion for a new fact-finding hearing pursuant to Family Court Act § 355.1.
Karen Elizabeth Morth, New York, N.Y., for appellant.
Richard B. Golden, County Attorney, Goshen, N.Y. (Marc Wohl of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right, and we decline to grant leave to appeal (see, Family Court Act § 1112).
The Family Court order denying the appellant's motion for a new fact-finding hearing based upon newly-discovered evidence is not an order of disposition and, thus, is not appealable as of right (see, Family Court Act § 1112; Matter of Jasmine A., 284 A.D.2d 452; Cheryl A.B. v. Michael Anthony D., 197 A.D.2d 851). Since leave to appeal has not been granted, the appeal must be dismissed.
O'BRIEN, J.P., SANTUCCI, H. MILLER and COZIER, JJ., concur.