In re Eddie J.
Cases that cite this one
4 later published cases cite this decision.
- Matter of Devon W. (Lavern D.) (Appellate Division of the Supreme Court of New York 2015)
- In re Carmen L. (Appellate Division of the Supreme Court of New York 2008)
- In re Alexandria M. (Appellate Division of the Supreme Court of New York 2013)
- In re Alexandria M. (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In two related neglect proceedings pursuant to
Ordered that the appeal is dismissed, without costs or disbursements.
The dispositional order expired by its own terms in December 2002. Thus, the appeal from so much of the order of disposition as placed the children with the petitioner must be dismissed as academic (see Matter of Chavi S., 269 AD2d 454 [2000]; Matter of Barbara S., 261 AD2d 408 [1999]). Generally, this would not preclude review of the fact-finding order (see Matter of Chavi S\, supra at 454). However, the fact-finding order was entered on the mother’s default (see Matter of Eddie J., 273 AD2d 239 [2000]; Matter of Vanessa M., 263 AD2d 542 [1999]; Matter of Ashlee X., 244 AD2d 707 [1997]). Thus, the finding of neglect cannot be reviewed since no appeal lies from an order that is entered on the default of the appealing party (see CPLR 5511; Matter of Chavi S., supra at 454). Accordingly, the entire appeal must be dismissed (see Matter of Chavi S., supra at 454). S. Miller, J.P., Goldstein, Adams and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.