Matter of Michael O.F. (Fausat O.)
2012 NY Slip Op 09062 [101 AD3d 1121]
December 26, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of Michael O.F. Administration for Children's Services, Respondent; Fausat O., Appellant. (Proceeding No. 1.) In the Matter of Joseph O.A., Jr. Administration for Children's Services, Respondent; Fausat O., Appellant. (Proceeding No. 2.)

[*1] Fausat O., Staten Island, N.Y., appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Norman Corenthal of counsel), for respondent.

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

In two related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Richmond County (Wolff, J.), dated January 24, 2012, which directed the State Office of Children and Family Services or Lincoln Hall to notify the petitioner, Administration for Children's Services, when the child Joseph O.A. is released from its custody.

Ordered that the appeal from the order is dismissed, without costs or disbursements, as the appellant is not aggrieved thereby.

A person is aggrieved within the meaning of CPLR 5511 "when he or she asks for relief but that relief is denied in whole or in part," or, when someone "asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part" (Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010] [emphasis omitted]; see Matter of Matthew L., 85 AD3d 917 [2011]; Mahmood v Gutman, 81 AD3d 792 [2011]). Applying these principles to the matter before us, the appellant is not aggrieved by the order directing the State Office of Children and Family Services or Lincoln Hall to notify the petitioner, Administration for Children's Services, when the child Joseph O.A. is released from its custody, and, accordingly, her appeal must be dismissed. Eng, P.J., Angiolillo, Sgroi and Hinds-Radix, JJ., concur.