Opinion
June 22, 1995
Appeal from the Family Court of Broome County (Ray, J.).
Petitioner commenced this proceeding against, among others, respondent Roy DD. (hereinafter respondent) alleging that he had sexually abused and neglected Michael CC. During the course of the fact-finding hearing, respondent admitted certain allegations contained in the petition and consented to entry of a dispositional order in this matter. Respondent now appeals contending that he is not a person legally responsible for Michael's care within the meaning of Family Court Act § 1012 (a) and (g).
Inasmuch as no appeal lies from an order entered upon consent ( see, e.g., Matter of Cherilyn P., 192 A.D.2d 1084, lv denied 82 N.Y.2d 652; Bahr v. Bahr, 105 A.D.2d 725; Tongue v. Tongue, 97 A.D.2d 638, affd 61 N.Y.2d 809), this appeal must be dismissed. Moreover, were we to address the merits, we would find that the petition set forth sufficient factual allegations to survive a motion to dismiss and, further, that the admissions made by respondent at the fact-finding hearing established both that he was a person legally responsible for Michael's care and that he indeed sexually abused and neglected the child.
Mercure, J.P., White, Casey and Spain, JJ., concur. Ordered that the appeal is dismissed, without costs.