State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: May 5, 2016 521074 

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In the Matter of MICKAYLA WW.,

Alleged to be a Person in

Need of Supervision.

SULLIVAN COUNTY DEPARTMENT OF

FAMILY SERVICES, MEMORANDUM AND ORDER

Respondent;

MICKAYLA WW.,

Appellant.

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Calendar Date: March 23, 2016

Before: Peters, P.J., Lahtinen, Rose, Lynch and Aarons, JJ.

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Jane M. Bloom, Monticello, for appellant.

Glen H. Rosenstein, Sullivan County Department of Family

Services, Monticello, for respondent.

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Rose, J.

Appeal from an order of the Family Court of Sullivan County

(McGuire, J.), entered December 29, 2014, which, in a proceeding

pursuant to Family Ct Act article 7, temporarily placed

respondent in petitioner's custody.

Petitioner filed a juvenile delinquency petition against

respondent (born in 2001) and, at respondent's arraignment,

requested that she undergo an inpatient psychological evaluation. 

Family Court granted petitioner's request and issued an initial

order placing respondent in petitioner's custody and remanding

her for an inpatient evaluation at a mental health facility. 
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After the completion of the evaluation, the parties agreed that

petitioner would withdraw the juvenile delinquency petition and

file a person in need of supervision (hereinafter PINS) petition

in its place. Respondent then admitted to the allegations in the

PINS petition and, following fact-finding and dispositional

hearings, Family Court issued a December 2014 order pursuant to

Family Ct Act § 739 temporarily remanding respondent to the care

and custody of petitioner and detaining her at a residential

treatment facility pending a final dispositional order. 

Respondent appeals from this temporary order.

The appeal must be dismissed. Inasmuch as both the

language of Family Court's December 2014 detention order and its

statutory authority contemplate further proceedings related to

the underlying PINS petition (see Family Ct Act § 739 [a]), it is

a nondispositional order. Accordingly, the order is not

appealable as of right, and respondent never sought leave to

appeal from it (see Family Ct Act § 1112 [a]; Matter of McCoy v

McCoy, 134 AD3d 1206, 1207 [2015]; Matter of Tina X. v John X.,

134 AD3d 1174, 1175 [2015]). Further, we decline to treat

respondent's notice of appeal as an application for leave to

appeal, as the order has been superceded by a final order of

disposition.

Respondent's additional challenge to Family Court's initial

order directing that she undergo an inpatient mental health

evaluation is also not properly before us. Generally, "only an

appeal from a final order brings up for review a prior order

issued in the proceeding" (Matter of Christian NN. [Luis OO.], 91

AD3d 1148, 1148 [2012]; see CPLR 5501 [a] [1]). In any event, we

note that the evaluation was completed and the resulting report

was admitted into the hearing record without objection.

Peters, P.J., Lahtinen, Lynch and Aarons, JJ., concur.
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ORDERED that the appeal is dismissed, without costs.

ENTER:

Robert D. Mayberger

Clerk of the Court