Opinion
2011-12-27
In the Matter of SHALIYAH P. (Anonymous).Westchester County Department of Social Services, petitioner-respondent;Eddie P. (Anonymous), appellant, et al., respondent.
Helen Migdon Greenberg, Elmsford, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (Adam Rodriguez of counsel), for petitioner-respondent.
Helen Migdon Greenberg, Elmsford, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (Adam Rodriguez of counsel), for petitioner-respondent.
Roberta Michael, Elmsford, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from stated portions of an order of fact- finding and disposition of the Family Court, Westchester County (Scattaretico–Naber, J.), entered May 5, 2010, which, upon his consent, inter alia, found that he had neglected the subject child and placed the child in the custody of the Westchester County Department of Social Services.
ORDERED that the appeal from the order of fact-finding and disposition is dismissed, without costs or disbursements.
The appeal from the order of fact-finding and disposition, which found that the father neglected the subject child and, inter alia, placed the child in the custody of the Westchester County Department of Social Services, must be dismissed, as the order was entered on the consent of the appealing party. No appeal lies from an order entered upon the consent of the appealing party ( see Matter of Lemar H., 52 A.D.3d 602, 603, 859 N.Y.S.2d 736; Matter of Baby Girl M., 48 A.D.3d 569, 569, 849 N.Y.S.2d 908; Matter of Brian R., 48 A.D.3d 576, 577, 852 N.Y.S.2d 235; Matter of Angelique L., 42 A.D.3d 569, 571, 840 N.Y.S.2d 811; Matter of Jerome Marcel T., 28 A.D.3d 780, 780, 812 N.Y.S.2d 892).