Legal Opinion

In re Jacqueline D.

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1999Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Respondent has appealed from only the fact-finding order of Family Court. Although an intermediate order in a permanent neglect case is not appealable as of right (see, Matter of Roy D., 207 AD2d 958, 958-959) and respondent should have appealed from the order of disposition, which brings up for review the propriety of the fact-finding order (see, Matter of Lisa E. [appeal No. 1], 207 AD2d 983), in the exercise of our discretion we deem the appeal to have been taken from the order of disposition (see, Matter of Ariel C., 248 AD2d 976, lv…

2Cases cited5 opinions

  1. Matter of NathanielNew York Court of Appeals · 1986
  2. Gregory B. v. Gregory F.New York Court of Appeals · 1989
  3. In re Sonia H.Appellate Division of the Supreme Court of the State of New York · 1991
  4. In re Ariel C.Appellate Division of the Supreme Court of the State of New York · 1998
  5. In re Roy D.Appellate Division of the Supreme Court of the State of New York · 1994

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