Torts · MBE-tested

In the Matter of Carmella H., a Person Alleged to be a Juvenile Delinquent, Appellant

232 A.D.2d 416648 N.Y.S.2d 328·New York Supreme Court, Appellate Division·1996·NY

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Opinion

In the Matter of Carmella H., a Person Alleged to be a Juvenile Delinquent, Appellant. [648 NYS2d 328] [MAJORITY] —In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from a fact-finding order of the Family Court, Westchester County (Spitz, J.), entered September 27, 1995, which, after a hearing, found that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree as defined in Penal Law § 120.00 (1). Ordered that the appeal is dismissed, without costs or disbursements. No appeal lies as of right from the nondispositional order before us (see, Family Ct Act § 365.1 [1]; Matter of Lance S., 51 AD2d 1057; see also, Matter of Edwin L., 88 NY2d 593). Miller, J. P., Ritter, Goldstein and Florio, JJ., concur.