| Matter of Carol YY. v James OO. |
| 2009 NY Slip Op 09562 [68 AD3d 1463] |
| December 24, 2009 |
| Appellate Division, Third Department |
| In the Matter of Carol YY., Respondent, v James OO.,Appellant, and Claire OO., Respondent. (Proceeding No. 1.) In the Matter of Gloria XX.,Respondent, v Tompkins County Department of Social Services et al., Respondents, and JamesOO., Appellant. (Proceeding No. 2.) |
—[*1] Francisco P. Berry, Ithaca, for Claire OO., respondent. Gloria XX., Groton, respondent pro se. Andrea J. Mooney, Tompkins County Department of Social Services, Ithaca, for TompkinsCounty Department of Social Services, respondent. J. Mark McQuerry, Law Guardian, Hoosick Falls.
Rose, J. Appeal from an order of the Family Court of Tompkins County (Rowley, J.),entered August 19, 2008, which dismissed petitioners' applications, in two proceedings pursuantto Family Ct Act article 6, for custody of the subject child.
The child who is the subject of these proceedings was previously removed from the care ofhis mother and father (see Matter of James U., 55 AD3d 972 [2008]) and placed in fostercare. When petitioners, who are two of the child's aunts, later filed petitions for custody, FamilyCourt held a combined hearing addressing those petitions as well as the parents' violations of aprior court order under Family Ct Act article 10. Family Court dismissed the aunts' custodypetitions, and the father alone appeals from that order.
Inasmuch as the order makes no determination other than to dismiss the aunts' custodypetitions, the father was not an aggrieved party and he cannot pursue an appeal from it(see CPLR 5511; D'Ambrosio v City of New York, 55 NY2d 454, 459-460[1982]; Matter of Brian JJ. v Heather KK., 61 AD3d 1285, 1287 [2009]; Matter ofMorris v Ciaramitaro, 13 AD3d 924, 924 [2004]).
Peters, J.P., Malone Jr., Stein and McCarthy, JJ., concur. Ordered that the appeal isdismissed, without costs.