Legal Opinion

In re Kimberly B.

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

Decided July 3, 2001Published

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

  1. In re Michael B.New York Court of Appeals · 1992
  2. In re Dakota K.Appellate Division of the Supreme Court of the State of New York · 1999

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