| Matter of Monica T. |
| 2007 NY Slip Op 07795 [44 AD3d 1136] |
| October 18, 2007 |
| Appellate Division, Third Department |
| In the Matter of Monica T. and Others, Children Alleged to beAbused and Neglected. Albany County Department for Children, Youth and Families,Respondent; Calvin T., Appellant. |
—[*1] Jeffrey G. Kennedy, Department of Children, Youth and Families, Albany, for respondent. George V. Collins III, Law Guardian, Albany. Jaya Connors, Law Guardian, Delmar.
Mugglin, J. Appeal from an order of the Family Court of Albany County (Walsh, J.), enteredNovember 13, 2006, which granted petitioner's application, in a proceeding pursuant to FamilyCt Act article 10, to adjudicate respondent's children to be abused and/or neglected.
Respondent, the father of three children, admitted that he had sexual contact with his eldestdaughter and consented, as a part of this admission, to a finding of derivative neglect of the twoyounger siblings. He appeals, arguing only that the conduct to which he admitted was insufficientto support a finding of derivative neglect.[*2]
An adjudication of neglect entered upon the consent of arespondent cannot be reviewed on appeal, as the respondent is not an aggrieved party (see Matter of Elijah Q., 36 AD3d974, 975 [2007], lv denied 8 NY3d 809 [2007]; Matter of Amber VV., 22 AD3d 967, 968 [2005], lv denied6 NY3d 708 [2006]). Consequently, the appeal must be dismissed.
Cardona, P.J., Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the appeal isdismissed, without costs.