IN RE: Agam B. (Anonymous).  Administration for Children's Services

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

IN RE: Agam B. (Anonymous).  Administration for Children's Services, respondent;  Janna W. (Anonymous), appellant.

2013–09154 (Docket No. N–13181–12)

Decided: October 29, 2014

WILLIAM F. MASTRO, J.P. SANDRA L. SGROI SYLVIA O. HINDS–RADIX HECTOR D. LASALLE, JJ. Francine Shraga, Brooklyn, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Allen Shoikhetbrod of counsel), for respondent. Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler, Benjie G. Acunis, Karen Levit, and Judith Stern of counsel), attorney for the child.

Submitted—September 12, 2014


In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Queens County (Richroath, J.), dated August 27, 2013, which granted the motion of the attorney for the child to appoint a guardian ad litem for the child pursuant to CPLR 1201 and 1202 during the pendency of the proceeding beyond his 18th birthday.

ORDERED that the appeal from the order is dismissed, without costs or disbursements, as the mother is not aggrieved thereby.

A person is aggrieved within the meaning of CPLR 5511 “when he or she asks for relief but that relief is denied in whole or in part,” or, when someone “asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part” (Mixon v. TBV, Inc., 76 AD3d 144, 156–157 [emphasis omitted];  see Matter of Michael O.F. [Fausat O.], 101 AD3d 1121, 1122).   Here, the mother did not “ask[ ] for relief,” and no party “ask[ed] for relief” against her (Mahmood v. Gutman, 81 AD3d 792, 792 [internal quotation marks omitted];  see Edgar S. v. Roman, 115 AD3d 931, 932).   Moreover, when the subject child reached the age of majority, the mother lost the legal right to make decisions on the child's behalf, especially medical decisions, unless she obtained some form of court-authorized guardianship (see Matter of Chaim A.K., 26 Misc3d 837,838;  see also Social Services Law § 384–b(3)(g)(ii);  Family Ct Act § 1087[a];  18 NYCRR 441.2[a][1][ii];  [c] ), and here, she did not do so.   Accordingly, the mother was not aggrieved by the order appealed from.



Aprilanne Agostino

Clerk of the Court

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