In re Carmella H.

Appellate Division of the Supreme Court of New York

In re Carmella H.

232 A.D.2d 416, 648 N.Y.S.2d 328, 1996 N.Y. App. Div. LEXIS 9905

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1996·Published

Opinion

—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from a fact-finding order of the Family Court, Westchester County (Spitz, J.), entered September 27, 1995, which, after a hearing, found that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree as defined in Penal Law § 120.00 (1).

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies as of right from the nondispositional order before us (see, Family Ct Act § 365.1 [1]; Matter of Lance S., 51 AD2d 1057; see also, Matter of Edwin L., 88 NY2d 593). Miller, J. P., Ritter, Goldstein and Florio, JJ., concur.

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—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from a fact-finding order of the Family Court, Westchester County (Spitz, J.), entered September 27, 1995, which, after a hearing, found that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree as defined in Penal Law § 120.00 (1).

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies as of right from the nondispositional order before us (see, Family Ct Act § 365.1 [1]; Matter of Lance S., 51 AD2d 1057; see also, Matter of Edwin L., 88 NY2d 593). Miller, J. P., Ritter, Goldstein and Florio, JJ., concur.

In re Carmella H., 232 A.D.2d 416, 648 N.Y.S.2d 328, 1996 N.Y. App. Div. LEXIS 9905 (N.Y. Ct. App. 1996).

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Opinion

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