IN RE: CARLENE R. (Anonymous). (2023)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: CARLENE R. (Anonymous). Administration for Children's Services, respondent; v. David T. (Anonymous), appellant. (Proceeding No. 1)
IN RE: Davasha T. (Anonymous). Administration for Children's Services, respondent; v. David T. (Anonymous), appellant. (Proceeding No. 2)
IN RE: David T. (Anonymous), Jr. Administration for Children's Services, respondent; v. David T. (Anonymous), appellant. (Proceeding No. 3)

2021–04021

Decided: July 05, 2023

MARK C. DILLON, J.P., ANGELA G. IANNACCI, JOSEPH J. MALTESE, LILLIAN WAN, JJ.

Jennifer Arditi, Maspeth, NY, for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York, NY (Jamison Davies and Eva L. Jerome of counsel), for respondent. Scott Schwartz, Staten Island, NY, attorney for the child Davasha T. Jody Lynn Bahar, Staten Island, NY, attorney for the children Carlene R. and David T., Jr.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10, David T. appeals from an order of fact-finding of the Family Court, Richmond County (Alison M. Hamanjian, J.), dated May 20, 2021. The order of fact-finding, insofar as appealed from, after a fact-finding hearing, found that David T. neglected the subject children Davasha T. and David T., Jr.

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

The appeal from the order of fact-finding must be dismissed, as that order was superseded by an order of disposition of the same court dated January 28, 2022. The issues raised on the appeal from the order of fact-finding are brought up for review and have been considered on a related appeal from the order of disposition (see Matter of Davasha T. [David T.], ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2023 WL 4340354 [Appellate Division Docket No. 2022–00818; decided herewith]).

DILLON, J.P., IANNACCI, MALTESE and WAN, JJ., concur.

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