Opinion
2000-11307
Submitted October 2, 2003.
October 27, 2003.
In a proceeding pursuant to Family Court Act article 10, the grandmother appeals from an order of disposition of the Family Court, Queens County (Hunt, J.), dated November 17, 2000, which, upon a fact-finding order of the same court dated September 18, 2000, found, upon her admission, that she had neglected the subject child, and, upon her consent, placed the child in the custody of the Commissioner of Social Services for a period of 12 months. The appeal from the order of disposition brings up for review the fact-finding order dated September 18, 2000.
Kenneth M. Tuccillo, New York, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Stacy Laine Matthews of counsel), for respondent.
Monica Drinane, New York, N.Y. (Judith Waksberg of counsel), Law Guardian for the child.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order of disposition must be dismissed, as the order was entered upon the appellant's consent ( see Matter of Fatima Mc., 292 A.D.2d 532; Matter of Jonathan G., 278 A.D.2d 324), and the finding of neglect was entered upon her admission ( see Matter of Carmella J., 254 A.D.2d 70). In any event, the appeal from the portion of the order of disposition which placed the child in the care of the Commissioner of Social Services for a period of 12 months is academic, as that portion of the order expired by its own terms on August 14, 2001 ( see Matter of Nicole H., 277 A.D.2d 380).
We agree with the appellant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738, 744; Matter of Alexis B., 292 A.D.2d 604; Matter of M. Children, 286 A.D.2d 736).
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.