Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Matter of HELEN L.O., Petitioner-Respondent, v. MARK L.O., Respondent-Appellant. (Proceeding No. 1.) Matter of Jennifer O., Crystal O., and Alicia O. Jefferson County Department of Social Services, Petitioner-Respondent; Mark L.O., Respondent-Appellant. (Proceeding No. 2.)
Respondent, Mark L.O., appeals from an order determining that his petition and three motions are “without merit and should not be allowed to proceed” and thus dismissing them. The petition and motions were brought to challenge a fact-finding and dispositional order entered in a proceeding pursuant to Family Court Act article 10 in 1995. We note that respondent admitted to neglect in the prior proceeding (see Matter of Jennifer O., 281 A.D.2d 937, 722 N.Y.S.2d 206, lv. dismissed in part and denied in part, 98 N.Y.2d 666, 746 N.Y.S.2d 452, 774 N.E.2d 217), and thus, only the disposition could be at issue in the instant matter. Because the youngest child is now past the age of majority, however, any dispositional order has expired, rendering moot any issues connected with it (see Matter of Jamie D., 255 A.D.2d 631, 632, 679 N.Y.S.2d 474; see also Matter of Cherilyn P., 222 A.D.2d 1050, 635 N.Y.S.2d 866, lv. denied 88 N.Y.2d 804, 646 N.Y.S.2d 984, 670 N.E.2d 225).
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
MEMORANDUM:
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 02, 2007
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)