Matter of Amiya S. (Twana J.F.)
2012 NY Slip Op 07679 [100 AD3d 763]
November 14, 2012
Appellate Division, Second Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


In the Matter of Amiya S. Administration for Children's Services,Respondent; Twana J.F. et al., Respondents. Joe D., Nonparty Appellant. (Proceeding No. 1.) Inthe Matter of Sierra S.D. Administration for Children's Services, Respondent; Twana J.F. et al.,Respondents. Joe D., Nonparty Appellant. (Proceeding No. 2.)

[*1]Elliot Green, Brooklyn, N.Y., for nonparty-appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Diana Lawless of counsel), forpetitioner-respondent (no brief filed).

Rita A. Pelt, Uniondale, N.Y., for respondent-respondent Twana J.F.

Helene Chowes, New York, N.Y., for respondent-respondent Johnny S.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel),attorney for the children.

In two related neglect proceedings pursuant to Family Court Act article 10, Joe D., the fatherof Sierra S.D., appeals, as limited by his brief, from stated portions of an order of fact-findingand disposition of the Family Court, Kings County (Danoff, J.), dated April 1, 2011, which, interalia, without a hearing, directed that the respondent Johnny S. have supervised visitation with thechild Sierra S.D.

Ordered that the appeal from so much of the order of fact-finding and disposition as directedthat the respondent Johnny S. have supervised visitation with the child Sierra S.D. is dismissedas academic, without costs or disbursements; and it is further,

Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed, withoutcosts or disbursements.

The appeal from so much of the order of fact-finding and disposition as, without a [*2]hearing, directed that the respondent Johnny S. have supervisedvisitation with the child Sierra S.D. must be dismissed as academic, as that portion of the orderhas expired (see Matter of Sylvia J.,23 AD3d 560, 561 [2005]; Matter of Ciara M., 273 AD2d 312, 314 [2000]).

The appellant's contention that the Family Court erred in placing the children with theCommissioner of Social Services without conducting a dispositional hearing is without merit.

The appellant's remaining contention is not properly before this Court. Mastro, J.P., Florio,Chambers and Roman, JJ., concur.


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