Commissioner of Social Services v. Tyrone B.

Appellate Division of the Supreme Court of New York

Commissioner of Social Services v. Tyrone B.

83 A.D.3d 444, 921 N.Y.S.2d 217

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 7, 2011

StatusPublished

This text of 83 A.D.3d 444 (Commissioner of Social Services v. Tyrone B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Social Services v. Tyrone B., 83 A.D.3d 444, 921 N.Y.S.2d 217 (N.Y. Ct. App. 2011).

Pincite

Opinion

Purported appeal from order, Family Court, New York County (Helen C. Sturm, J.), entered on or about September 20., 2009, which dismissed respondent father’s objections to a final order of child support, same court (Karen D. Kolomech.uk, S.M.), entered on or about May 13, 2009, directing respondent, inter alia, to pay $518.00 biweekly for the support of his children, Tyrone B., Jr. and Jayden B., unanimously dismissed, without costs. Appeal from order, same court (Sudeep Kaur, S.M.), entered on or about March 25, 2009, which directed respondent to pay temporary child support, unanimously dismissed, without costs, as academic.

Respondent’s appeal from the temporary order of support was rendered academic by the final order of support and, therefore, must be dismissed (see Matter of Ciotti v Butera, 24 AD2d 983 [1965]). Since respondent never filed a notice of appeal from the Family Court’s order dismissing his objections, which was appealable as of right, pursuant to Family Court Act § 1112 (a), this Court lacks jurisdiction to review that order or the final support order. Respondent cites no authority for the proposition that an appellate court’s grant of leave to appeal from an interlocutory order may be deemed to provide jurisdiction to review a superseding order, appealable as of right, from which no appeal has been taken. Thus, respondent’s appeal, to the extent that he seeks review of those orders, should also be dismissed.

In light of the foregoing, respondent’s arguments on the merits need not be considered. Concur—Andrias, J.P., Friedman, Catterson, Moskowitz and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Purported appeal from order, Family Court, New York County (Helen C. Sturm, J.), entered on or about September 20., 2009, which dismissed respondent father’s objections to a final order of child support, same court (Karen D. Kolomech.uk, S.M.), entered on or about May 13, 2009, directing respondent, inter alia, to pay $518.00 biweekly for the support of his children, Tyrone B., Jr. and Jayden B., unanimously dismissed, without costs. Appeal from order, same court (Sudeep Kaur, S.M.), entered on or about March 25, 2009, which directed respondent to pay temporary child support, unanimously dismissed, without costs, as academic.

Respondent’s appeal from the temporary order of support was rendered academic by the final order of support and, therefore, must be dismissed (see Matter of Ciotti v Butera, 24 AD2d 983 [1965]). Since respondent never filed a notice of appeal from the Family Court’s order dismissing his objections, which was appealable as of right, pursuant to Family Court Act § 1112 (a), this Court lacks jurisdiction to review that order or the final support order. Respondent cites no authority for the proposition that an appellate court’s grant of leave to appeal from an interlocutory order may be deemed to provide jurisdiction to review a superseding order, appealable as of right, from which no appeal has been taken. Thus, respondent’s appeal, to the extent that he seeks review of those orders, should also be dismissed.

In light of the foregoing, respondent’s arguments on the merits need not be considered. Concur—Andrias, J.P., Friedman, Catterson, Moskowitz and Román, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

83 A.D.3d 444, 921 N.Y.S.2d 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-v-tyrone-b-nyappdiv-2011.

Opinion

Related

Cite This Page — Counsel Stack