| Matter of Michaela PP. (Derwood PP.) |
| 2009 NY Slip Op 07897 [67 AD3d 1083] |
| November 5, 2009 |
| Appellate Division, Third Department |
| In the Matter of Michaela PP. and Others, Children Alleged to beNeglected. Broome County Department of Social Services, Respondent; Derwood PP.,Appellant. |
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Cardona, P.J. Appeal from an order of the Family Court of Broome County (Charnetsky, J.),entered December 5, 2008, which granted petitioner's application, in a proceeding pursuant toFamily Ct Act article 10-A, to approve petitioner's permanency plans for the subject children.
Respondent is the father of two children (born in 1994 and 1995). In 2004, the children wereadjudicated to be neglected and placed in foster care. The children's mother surrendered herparental rights in 2008, and petitioner filed a petition seeking to terminate respondent's parentalrights on the ground of abandonment. Petitioner also sought to alter the children's permanencyplans to free them for adoption, and a permanency hearing was scheduled prior to the resolutionof the abandonment petition. The parties ultimately agreed to permanency plans which had thestated goal of returning the children to respondent pending the outcome of the abandonmentpetition. Family Court issued an order embodying that agreement, and respondentappeals.[FN*][*2]
Respondent's counsel seeks to be relieved from herassignment, citing the lack of nonfrivolous issues to be raised on this appeal. Inasmuch as noappeal lies from an order entered upon consent, the appeal must be dismissed (see Matter of Michael OO., 53 AD3d709, 709 [2008]; Matter ofCheyenne QQ., 37 AD3d 977, 977-978 [2007]). As such, counsel's application to berelieved is academic and need not be addressed (see Matter of Carey K., 265 AD2d 617,617-618 [1999]).
Spain, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the appeal is dismissed,without costs.
Footnote *: The order from whichrespondent appeals was later amended to include minor corrections which are not relevant here.Under these circumstances, the Court may review the amended order without the filing ofanother notice of appeal (see Matter ofAnthony TT., 61 AD3d 1137, 1137 n [2009], lv denied 12 NY3d 715 [2009]).