Opinion
1298 CAF 17–00348
02-01-2019
In the MATTER OF ANNABELLA C. Erie County Department of Social Services, Petitioner–Respondent; v. Sandra C., Respondent–Appellant.
HOPPE & ASSOCIATES, INC., BUFFALO (KELI ILES–HERNANDEZ OF COUNSEL), FOR RESPONDENT–APPELLANT. NATALIE M. STUTZ, BUFFALO, FOR PETITIONER–RESPONDENT. DAVID E. BLACKLEY, LOCKPORT, ATTORNEY FOR THE CHILD.
HOPPE & ASSOCIATES, INC., BUFFALO (KELI ILES–HERNANDEZ OF COUNSEL), FOR RESPONDENT–APPELLANT.
NATALIE M. STUTZ, BUFFALO, FOR PETITIONER–RESPONDENT.
DAVID E. BLACKLEY, LOCKPORT, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., PERADOTTO, CARNI, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDERIt is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent mother appeals from an order which adjudged that she neglected the subject child. The mother's sole contention on appeal is that Family Court erred in failing to dismiss the neglect petition pursuant to Family Court Act § 1051(c). That contention is not preserved for our review because the mother never moved for that relief (see Matter of Malachi H. [Dequisa H.] , 125 A.D.3d 478, 478, 2 N.Y.S.3d 482 [1st Dept. 2015] ; Matter of Josee Louise L.H. [DeCarla L.] , 121 A.D.3d 492, 493, 994 N.Y.S.2d 113 [1st Dept. 2014], lv denied 24 N.Y.3d 913, 2015 WL 175263 [2015] ). In any event, that contention is without merit.