In re Era O.
| Decision Date | 21 December 2016 |
| Citation | 43 N.Y.S.3d 475,2016 N.Y. Slip Op. 08525,145 A.D.3d 895 |
| Parties | In the Matter of ERA O. (Anonymous), appellant. Administration for Children's Services, petitioner-respondent; Emmanuel O. (Anonymous), respondent-respondent. (Proceeding No. 1). In the Matter of Oscibea O. (Anonymous), also known as Oseibea O. (Anonymous). Administration for Children's Services, petitioner; Emmanuel O. (Anonymous), respondent. (Proceeding No. 2). In the Matter of Julius O. (Anonymous). Administration for Children's Services, petitioner; Emmanuel O. (Anonymous), respondent. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 895
43 N.Y.S.3d 475
2016 N.Y. Slip Op. 08525
In the Matter of ERA O. (Anonymous), appellant.
Administration for Children's Services, petitioner-respondent;
Emmanuel O. (Anonymous), respondent-respondent. (Proceeding No. 1).
In the Matter of Oscibea O. (Anonymous), also known as Oseibea O. (Anonymous).
Administration for Children's Services, petitioner;
Emmanuel O. (Anonymous), respondent. (Proceeding No. 2).
In the Matter of Julius O. (Anonymous).
Administration for Children's Services, petitioner;
Emmanuel O. (Anonymous), respondent.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 21, 2016.
Anthony DeGuerre, Staten Island, NY, attorney for the child, the appellant Era O.
Zachary W. Carter, Corporation Counsel, New York, NY (Scott Shorr and Emma Grunberg of counsel), for petitioner-respondent.
Janis A. Parazzelli, Floral Park, NY, for respondent-respondent.
Ronna L. DeLoe, New Rochelle, NY, attorney for the child Julius O.
RANDALL T. ENG, P.J., RUTH C. BALKIN, SANDRA L. SGROI, and BETSY BARROS, JJ.
Appeals by the child Era O. from (1) an order of fact-finding of the Family Court, Richmond County (Arnold Lim, J.), (2) an order of disposition of that court, and (3) an order of dismissal of that court, all dated May 5, 2015. The order of fact-finding, after a hearing, found that the father neglected the child Oscibea O., also known as Oseibea O., and derivatively neglected the children Julius O. and Era O. The order of disposition placed Julius O. and Era O. in the custody of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing. The order of dismissal dismissed the petition with respect to the child Oscibea O., also known as Oseibea O., as the child was over 18 years of age.
ORDERED that the appeal from the order of dismissal is dismissed, without costs or disbursements, as the appellant, the child Era O., is not aggrieved by that order; and it is further,
ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as that order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,
ORDERED that the appeal from so much of the order of disposition as placed the children Julius O. and Era O. in the custody of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing, which was to commence November 5, 2015, is dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the appeal from so much of the order of disposition as brings up for review the finding that the father derivatively neglected the child Julius O. is dismissed, as the appellant, the child Era O., is not aggrieved by that portion of the order; and it is further,
ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order of disposition as placed the subject children in the custody of the Commissioner of Social Services of the City of New York until the conclusion of the next permanency hearing, which was to commence on November 5, 2015, must be dismissed as academic, as the period of placement has already expired (see Matter of Dalia G. [Frank B.], 128 A.D.3d 821, 822, 10 N.Y.S.3d 113 ; Matter of Stephen Daniel A. [Sandra M.], 122 A.D.3d 834, 835, 996 N.Y.S.2d...
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