Opinion
No. CAF 05-02528.
December 22, 2006.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered September 30, 2005 in a proceeding pursuant to Family Court Act article 10. The order denied respondent's motion to vacate an order entered June 17, 2005.
DAVID J. PAJAK, WILLIAMSVILLE, FOR RESPONDENT-APPELLANT.
JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT.
Before: Present — Hurlbutt, J.P., Smith, Centra and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order denying her motion to vacate an order of fact-finding and disposition ( see Family Ct Act § 1061). As Family Court properly determined, the colloquy establishes the voluntariness of the admission ( see Matter of Cadejah AA., 25 AD3d 1027, 1028, lv denied 7 NY3d 705; Matter of Leo UU, 288 AD2d 711, 712, lv denied 97 NY2d 609), and the admission is sufficient to support the court's finding of neglect ( see Cadejah AA., 25 AD3d at 1028; Leo UU., 288 AD2d at 712-713; Matter of Nasir H., 251 AD2d 1010, lv denied 92 NY2d 809). We thus conclude that respondent failed to establish the requisite good cause to vacate the order of fact-finding and disposition ( see Family Ct Act § 1061; Matter of Desiree L., 28 AD3d 484; Matter of Lisa D., 309 AD2d 1146, 1147; Matter of Melissa FE, 285 AD2d 682).