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Matter of Roy

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 958 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Onondaga County Family Court, Bersani, J.

Present — Pine, J.P., Balio, Fallon, Callahan and Davis, JJ.


Appeal unanimously dismissed without costs. Memorandum: Respondent's appeal from the fact-finding order in this permanent neglect proceeding must be dismissed. Family Court Act § 1112 (a) permits appeals as of right from intermediate orders only in abuse and neglect cases. We interpret that section to apply to abuse and neglect cases brought pursuant to Family Court Act article 10, which may involve immediate risk to children. We conclude that the right to an intermediate appeal under Family Court Act § 1112 (a) does not apply to permanent neglect cases brought pursuant to Family Court Act article 6. Petitions in such cases do not lie unless the children have been in foster care for more than one year (see, Family Ct Act § 614 [d]), and thus, those children are not at immediate risk. No application has been made for permission to appeal.


Summaries of

Matter of Roy

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 958 (N.Y. App. Div. 1994)
Case details for

Matter of Roy

Case Details

Full title:In the Matter of ROY D., JR., a Child Alleged to be Permanently Neglected…

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 958 (N.Y. App. Div. 1994)
617 N.Y.S.2d 75

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