Matter of C. (Anonymous), Jason G.; The Children's Aid Society
Motion No: 2017-02036
Slip Opinion No: 2017 NY Slip Op 76883(U)
Decided on June 14, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M232889

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

LINDA CHRISTOPHER, JJ.

2017-02036

In the Matter of Jason G. C. (Anonymous).

The Children's Aid Society, petitioner-respondent;

Joel C. (Anonymous), respondent-appellant, et al.,

respondent.

(Proceeding No. 1)

In the Matter of Altagracia C. (Anonymous),

petitioner-respondent, v Frances I. (Anonymous),

respondent-respondent, Joel C. (Anonymous), appell

(Proceeding No. 2)

(Docket Nos. B-5259-14, V-3490-16)

DECISION & ORDER ON MOTION









ant.

Appeal by Joel C. from an order of the Family Court, Richmond County, dated January 30, 2017. By order to show cause dated April 21, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that (1) so much of the order as dismissed the proceeding pursuant to Family Court Act article 6, part 3 did not aggrieve the appellant and (2) so much of the order as made a determination in the proceeding pursuant to Social Services Law § 384-b is not appealable as of right as it is nondispositional and leave to appeal has not been granted and/or was entered upon the default of the appealing party, and/or did not aggrieve the appellant as it concerns a determination of the Family Court of the best interests of the subject child.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Family Ct Act § 1112; Matter of Sheldon D. G., 6 AD3d 613; Matter of Alyssa L. [Deborah K.], 93 AD3d 1083, 1084-1085; Matter of Tanay R. S., 147 AD3d 858).

RIVERA, J.P., LEVENTHAL, AUSTIN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court