In the Matter of Q.-L. H.
| Decision Date | 28 March 2006 |
| Docket Number | 2004-11332.,2004-11334.,2004-11330.,2004-11331. |
| Citation | 2006 NY Slip Op 02370,27 A.D.3d 738,815 N.Y.S.2d 601 |
| Parties | In the Matter of Q.-L. H., a Child Alleged to be Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; C.-M. W., Appellant. (Proceeding No. 1.) In the Matter of Y.-L. R., a Child Alleged to be Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; C.-M. W., Appellant. (Proceeding No. 2.) |
| Court | New York Supreme Court — Appellate Division |
Ordered that the appeals from the orders of protection are dismissed as academic, without costs or disbursements; and it is further Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition; and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
The orders of protection expired by their own terms on June 24, 2005 and October 27, 2005, respectively, and the determination of the appeals from those orders would have no direct effect upon the parties. Therefore, the appeals from the orders of protection must be dismissed as academic (see Matter of Jazmone S., 18 AD3d 761 [2005]; Matter of Virginia P., 8 AD3d 389 [2004]; Matter of Levande v Levande, 308 AD2d 450 [2003]).
The appellant acknowledges that his right to be present at every stage of a Family Court Act article 10 proceeding is not absolute, as such a proceeding is civil in nature (see Matter of Christa H....
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