In re Jessica R.

Appellate Division of the Supreme Court of New York

In re Jessica R.

196 A.D.2d 633, 601 N.Y.S.2d 868

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

DecidedAugust 23, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 633 (In re Jessica R.) 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

In re Jessica R., 196 A.D.2d 633, 601 N.Y.S.2d 868 (N.Y. Ct. App. 1993).

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Opinion

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Westchester County (Bellantoni, J.), entered January 17, 1992, which denied that branch of his motion which was to compel the production of his daughter, Jessica R., for a second psychological examination by either a psychiatrist or psychologist of his choice.

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

By order of the Family Court, Westchester County, dated May 24, 1993, the petition in this matter was dismissed on the merits after a fact-finding hearing. Since the underlying proceeding has been determined in favor of the appellant on this appeal, it is now academic.

Furthermore, the appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the dispositional order in the proceeding (see, Matter of Aho, 39 NY2d 241, 248; Family Ct Act § 1118; CPLR 5501 [a] [1]; Matter of H. Children [Denise H.], 169 AD2d 833; cf., Matter of Tyson M., 195 AD2d 558). Thompson, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

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In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Westchester County (Bellantoni, J.), entered January 17, 1992, which denied that branch of his motion which was to compel the production of his daughter, Jessica R., for a second psychological examination by either a psychiatrist or psychologist of his choice.

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

By order of the Family Court, Westchester County, dated May 24, 1993, the petition in this matter was dismissed on the merits after a fact-finding hearing. Since the underlying proceeding has been determined in favor of the appellant on this appeal, it is now academic.

Furthermore, the appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the dispositional order in the proceeding (see, Matter of Aho, 39 NY2d 241, 248; Family Ct Act § 1118; CPLR 5501 [a] [1]; Matter of H. Children [Denise H.], 169 AD2d 833; cf., Matter of Tyson M., 195 AD2d 558). Thompson, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

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Bluebook (online)

196 A.D.2d 633, 601 N.Y.S.2d 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jessica-r-nyappdiv-1993.

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