IN RE: ADAM M.C. (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent mother appeals from an order of Family Court (Nesser, J.), following a dispositional hearing, that, inter alia, terminated her parental rights with respect to the subject child on the ground that she severely abused the child. In a prior Family Court Act article 10 proceeding, the court (Romeo, J.) determined, inter alia, that the mother severely abused the subject child (see Family Ct Act § 1012 [e] [i]; Social Services Law § 384-b [8] [a] [i]). We affirm.

Inasmuch as the mother never appealed from the order of disposition in the Family Court Act article 10 proceeding (see Family Ct Act §§ 1052, 1112 [a]), which “clearly advised the mother of her obligation to timely appeal from that order” (Matter of Byler v Byler, 207 AD3d 1072, 1076 [4th Dept 2022], lv denied 39 NY3d 901 [2022]; see § 1113), we conclude that her challenge to the court's determination that she severely abused the subject child as defined by Social Services Law § 384-b (8) (a) (i) is not properly before us (see generally Byler, 207 AD3d at 1076).

We have reviewed the mother's remaining contention and conclude that it is without merit.

Entered: February 2, 2024

Ann Dillon Flynn

Clerk of the Court