Matter of T. (Anonymous), Jeremiah; Administration for Children's Serv
Motion No: 2018-14379
Slip Opinion No: 2019 NY Slip Op 62068(U)
Decided on February 1, 2019
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

M259752

E/sl

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-14379

In the Matter of Jeremiah T. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Daphney T. (Anonymous),

respondent-appellant.

(Docket No. N-7680-18)

DECISION & ORDER ON MOTION

Appeal by Daphney T. from an order of the Family Court, Queens County, dated October 11, 2018. By order to show cause dated December 17, 2018, 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 proceeding on the ground that so much of the order as found that the respondent-appellant neglected the subject child is not appealable as it was entered upon the consent of the appealing party and the portion of the order which placed the subject child with the petitioner-respondent until completion of the permanency hearing has been rendered academic as the order expired by its terms.

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; Matter of Sarah A. [Daniel A.], 109 AD3d 467).

SCHEINKMAN, P.J., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court