Angeles v. Angeles (In re Lucinda A. (Anonymous). Admin. for Children's Servs.)
| Citation | 2014 N.Y. Slip Op. 05639,990 N.Y.S.2d 627,120 A.D.3d 492 |
| Parties | In the Matter of LUCINDA A. (Anonymous). Administration for Children's Services, respondent; Luba A. (Anonymous), appellant. (Proceeding No. 1). In the Matter of Manuel A. (Anonymous), respondent v. Luba A. (Anonymous), appellant. (Proceeding No. 2). |
| Decision Date | 06 August 2014 |
| Court | New York Supreme Court Appellate Division |
120 A.D.3d 492
990 N.Y.S.2d 627
2014 N.Y. Slip Op. 05639
In the Matter of LUCINDA A. (Anonymous).
Administration for Children's Services, respondent;
Luba A. (Anonymous), appellant. (Proceeding No. 1).
In the Matter of Manuel A. (Anonymous), respondent
v.
Luba A. (Anonymous), appellant. (Proceeding No. 2).
Supreme Court, Appellate Division, Second Department, New York.
Aug. 6, 2014.
[990 N.Y.S.2d 628]
Richard L. Herzfeld, New York, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Dona B. Morris of counsel), for respondent in Proceeding No. 1.
Thomas E. Wojtaszek, Brooklyn, N.Y., for respondent in Proceeding No. 2.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.
PETER B. SKELOS, J.P., L. PRISCILLA HALL, COLLEEN D. DUFFY, and BETSY BARROS, JJ.
In a child neglect proceeding pursuant to Family Court Act article 10 and a related custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals (1) from an order of disposition of the Family Court, Queens County (McGowan, J.), dated March 13, 2013, and entered in Proceeding No. 1, which, upon an order of fact-finding dated December 14, 2012, made after a hearing, finding that she neglected the subject child, and upon her failure to appear at the dispositional hearing, released the subject child to the custody of the father, with supervised visitation to her, and (2), as limited by her brief, from so much of a final order of custody of the same court dated March 13, 2013, and entered in Proceeding No. 2, as, upon her failure to appear at the hearing to determine the best interests of the child, awarded the father custody of the subject child.
ORDERED on the Court's own motion, the notice of appeal dated April 10, 2013, is deemed to be a notice of appeal from the
[990 N.Y.S.2d 629]
order of disposition and the final order of custody ( seeCPLR 5520[c] ), and it is further,
ORDERED that the appeals are dismissed, without costs or disbursements, except insofar as they bring up for review the finding that the mother neglected the subject child and the denial of the mother's application for an adjournment of the combined dispositional hearing and hearing to determine the best interests of the child ( see Matter of Duane S., Jr. [Duane S.], 88 A.D.3d 727, 930 N.Y.S.2d 474); and it is further,
ORDERED that the orders are affirmed insofar as reviewed, without costs or disbursements.
Where, as here, the orders appealed from were made upon the appellant's default, “review is limited to matters which were the subject of contest below” ( Brown v. Data Communications, 236 A.D.2d 499, 499, 653 N.Y.S.2d...
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