Dutchess Cnty. Dep't of Cmty. & Family Servs.v.Cymon M. (In re Jaheem M.)

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentJul 10, 2019
2019 N.Y. Slip Op. 5534 (N.Y. App. Div. 2019)

2018-02614

07-10-2019

In the Matter of Jaheem M. (Anonymous). Dutchess County Department of Community and Family Services, respondent; v. Cymon M. (Anonymous), appellant.

Kelley M. Enderley, Poughkeepsie, NY, for appellant. James Fedorchak, County Attorney, Poughkeepsie, NY (Susan L. Flynn of counsel), for respondent. Karen C. Palumbo, Beacon, NY, attorney for the child.


RUTH C. BALKIN ANGELA G. IANNACCI LINDA CHRISTOPHER, JJ. (Docket No. N-03803-17)

Kelley M. Enderley, Poughkeepsie, NY, for appellant.

James Fedorchak, County Attorney, Poughkeepsie, NY (Susan L. Flynn of counsel), for respondent.

Karen C. Palumbo, Beacon, NY, attorney for the child.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 10, the father appeals from an order of fact-finding of the Family Court, Dutchess County (Denise M. Watson, J.), dated February 21, 2018. The order of fact-finding, after a fact-finding hearing, found that the father neglected the subject child.

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

The appeal from the order of fact-finding must be dismissed, as the order of fact-finding was superseded by the order of disposition dated September 20, 2018, and is brought up for review on the appeal from the order of disposition (see Matter of Jaheem M., ___ AD3d ___ [Appellate Division Docket No. 2018-12378; decided herewith]).

MASTRO, J.P., BALKIN, IANNACCI and CHRISTOPHER, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court