In re John M.

Appellate Division of the Supreme Court of New York

In re John M.

111 A.D.3d 639, 974 N.Y.S.2d 290

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

DecidedNovember 6, 2013

StatusPublished

This text of 111 A.D.3d 639 (In re John M.) 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 John M., 111 A.D.3d 639, 974 N.Y.S.2d 290 (N.Y. Ct. App. 2013).

Pincite

Opinion

In related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from (1) an order of the Family Court, Suffolk County (Cheng, J.), dated July 31, 2012, which vacated all orders of protection, and directed the withdrawal of the petition, in the proceeding commenced under docket No. N-5059-12, and (2) a second order of the same court, also dated July 31, 2012, which vacated all prior orders issued in the proceedings.

Ordered that the appeals are dismissed, without costs or disbursements.

The mother is not aggrieved by the order vacating all orders of protection, and directing the withdrawal of the petition, in the proceeding commenced under docket No. N-5059-12, or by the vacatur of any other order issued in these child protective proceedings (see CPLR 5511; Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010]). To the extent that the mother challenges the relocation of the paternal grandparents, who have physical custody of the subject child, she must seek relief in the related custody and visitation proceeding. That matter is not the subject of the orders appealed from.

Accordingly, the appeals must be dismissed. Rivera, J.E, Leventhal, Chambers and Lott, JJ., concur.

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In related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from (1) an order of the Family Court, Suffolk County (Cheng, J.), dated July 31, 2012, which vacated all orders of protection, and directed the withdrawal of the petition, in the proceeding commenced under docket No. N-5059-12, and (2) a second order of the same court, also dated July 31, 2012, which vacated all prior orders issued in the proceedings.

Ordered that the appeals are dismissed, without costs or disbursements.

The mother is not aggrieved by the order vacating all orders of protection, and directing the withdrawal of the petition, in the proceeding commenced under docket No. N-5059-12, or by the vacatur of any other order issued in these child protective proceedings (see CPLR 5511; Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010]). To the extent that the mother challenges the relocation of the paternal grandparents, who have physical custody of the subject child, she must seek relief in the related custody and visitation proceeding. That matter is not the subject of the orders appealed from.

Accordingly, the appeals must be dismissed. Rivera, J.E, Leventhal, Chambers and Lott, JJ., concur.

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Bluebook (online)

111 A.D.3d 639, 974 N.Y.S.2d 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-m-nyappdiv-2013.