Opinion
714.1 CAF 19-00856
08-20-2020
In the MATTER OF RAYMOND H., Jr. Orleans County Department of Social Services, Petitioner-Respondent; v. Dana C., Respondent-Appellant.
ANDREW G. MORABITO, EAST ROCHESTER, FOR RESPONDENT-APPELLANT. KATHERINE K. BOGAN, COUNTY ATTORNEY, MEDINA (WENDY S. SISSON OF COUNSEL), FOR PETITIONER-RESPONDENT. CHARLES PLOVANICH, ROCHESTER, ATTORNEY FOR THE CHILD.
ANDREW G. MORABITO, EAST ROCHESTER, FOR RESPONDENT-APPELLANT.
KATHERINE K. BOGAN, COUNTY ATTORNEY, MEDINA (WENDY S. SISSON OF COUNSEL), FOR PETITIONER-RESPONDENT.
CHARLES PLOVANICH, ROCHESTER, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: In a proceeding pursuant to Social Services Law § 384-b, respondent mother appeals from an order that, inter alia, revoked a suspended judgment and terminated her parental rights with respect to the subject child. The mother's contentions were not raised before Family Court and are therefore unpreserved for our review (see Matter of Michael S. [Charle S.] , 182 A.D.3d 1053, 1054, 120 N.Y.S.3d 918 [4th Dept. 2020] ; Matter of Guck v. Prinzing , 100 A.D.3d 1507, 1508, 953 N.Y.S.2d 915 [4th Dept. 2012], lv denied 21 N.Y.3d 851, 2013 WL 1299865 [2013] ). Moreover, the mother's contentions are directed at the "prior order finding permanent neglect and suspending judgment [that] was entered on consent of [the mother] and thus is beyond appellate review" ( Matter of Aiden T. [Melissa S.] , 164 A.D.3d 1663, 1665, 84 N.Y.S.3d 658 [4th Dept. 2018], lv denied 32 N.Y.3d 917, 2019 WL 1285104 [2019] [internal quotation marks omitted]; see Matter of Xavier O.V. [Sabino V.] , 117 A.D.3d 1567, 1567, 985 N.Y.S.2d 810 [4th Dept. 2014], lv denied 24 N.Y.3d 903, 2014 WL 4454959 [2014] ). We therefore conclude that the mother's appeal must be dismissed.