IN RE: JADA D. (Anonymous). (2024)

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

IN RE: JADA D. (Anonymous). Administration for Children's Services, petitioner-respondent; v. Juan D. (Anonymous), appellant, et al., respondent. (Proceeding No. 1)
IN RE: Maiya M. (Anonymous). Administration for Children's Services, petitioner-respondent; v. Juan D. (Anonymous), appellant, et al., respondent. (Proceeding No. 2)

2023-09951

Decided: October 02, 2024

FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, LARA J. GENOVESI, LILLIAN WAN, JJ.

Robert Hausner, Garden City, NY, for appellant. Muriel Goode–Trufant, Acting Corporation Counsel, New York, NY (Deborah A. Brenner and Jesse A. Townsend of counsel), for petitioner-respondent. Twyla Carter, New York, NY (Dawne A. Mitchell and Judith Stern of counsel), attorney for the children.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10, Juan D. appeals from an order of the Family Court, Queens County (Emily Ruben, J.), dated October 10, 2023. The order granted the motion of Juan D. to dismiss the petition alleging that he violated an order of protection and dismissed the proceeding, without prejudice.

ORDERED that the appeal is dismissed, without costs or disbursements, as Juan D. is not aggrieved by the order appealed from (see CPLR).

Juan D. (hereinafter the appellant), who sought dismissal of the petition alleging that he violated an order of protection, is not aggrieved by the Family Court's order dismissing the proceeding (see CPLR 5511; Matter of Agam B. [Janna W.], 121 A.D.3d 1109, 1109, 996 N.Y.S.2d 632; Matter of Berg v. Mantia, 77 A.D.3d 827, 827, 909 N.Y.S.2d 134). Contrary to the appellant's contention, he is not aggrieved by the court's decision to dismiss the proceeding without prejudice to the petitioner filing an order to show cause seeking a finding of contempt against the appellant (see Matter of Wiley v. Wiley, 226 A.D.3d 1035, 1036, 210 N.Y.S.3d 435).

CONNOLLY, J.P., CHAMBERS, GENOVESI and WAN, JJ., concur.

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