In re Kimberly B.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Although respondent has improperly appealed from the fact-finding order rather than the order of disposition, we exercise our discretion to treat the appeal as taken from the order of disposition (see, CPLR 5520 [c]; Matter of Dakota K., 267 AD2d 1054). We reject the contention of respondent that Family Court erred in terminating her parental rights upon a finding of severe abuse and instead should have issued a suspended judgment (see, Social Services Law § 384-b [8] [f|; Family Ct Act § 633). The record establishes that a suspended…
2Cases cited2 opinions
- In re Michael B.New York Court of Appeals · 1992
- In re Dakota K.Appellate Division of the Supreme Court of the State of New York · 1999