Matter of Zachary R.F.
2007 NY Slip Op 00790 [37 AD3d 1072]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


In the Matter of Zachary R.F., Appellant. Yates County Attorney, Respondent. (Appeal No. 1.)

[*1] Schuyler T. Van Horn, Law Guardian, Geneva, for respondent-appellant.

Bernetta A. Bourcy, County Attorney, Penn Yan (Valerie G. Gardner of counsel), for petitioner-respondent.

Appeal from an order of the Family Court, Yates County (W. Patrick Falvey, J.), entered September 9, 2005 in a proceeding pursuant to Family Court Act article 3. The order, after a hearing, adjudged that respondent committed acts that, if committed by an adult, would constitute the crimes of unlawful imprisonment in the second degree (two counts), endangering the welfare of a child (seven counts) and forcible touching (three counts).

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Family Ct Act § 1112 [a]; see also Matter of Benjamin S.A., 302 AD2d 979 [2003], lv denied 100 NY2d 505 [2003]). Present—Hurlbutt, J.P., Gorski, Lunn, Peradotto and Green, JJ.