| Matter of Fantasia Y. |
| 2007 NY Slip Op 09467 [45 AD3d 1215] |
| November 29, 2007 |
| Appellate Division, Third Department |
| In the Matter of Fantasia Y. and Others, Children Alleged to beNeglected. Clinton County Department of Social Services, Respondent; Jeffrey Y.,Appellant. |
—[*1] Christine G. Berry, Clinton County Department of Social Services, Plattsburgh, forrespondent. Aaron Turetsky, Law Guardian, Keeseville.
Carpinello, J. Appeal from an order of the Family Court of Clinton County (Lawliss, J.),entered December 14, 2006, which granted petitioner's application, in a proceeding pursuant toFamily Ct Act article 10, to adjudicate respondent's children to be neglected.
In October 2006, this neglect proceeding was commenced against respondent based onallegations that he had failed to take all necessary steps to obtain lifesaving medical treatment forhis youngest daughter, who was then suffering from end stage liver disease and in dire need of atransplant. He thereafter, with the advice of counsel, consented to a finding of neglect withrespect to all of his children pursuant to Family Ct Act § 1051. Family Court then entered afact-finding and dispositional order which, as relevant here, adjudicated the children to beneglected. Respondent now appeals.
This appeal must be dismissed since it is well settled that no appeal lies from an order [*2]entered on consent (see e.g. Matter of Monica T., 44 AD3d 1136, 1137 [2007]; Matter of Cheyenne QQ., 39 AD3d1044, 1045 [2007]; Matter ofCheyenne QQ., 37 AD3d 977, 977-978 [2007]; Matter of Elijah Q., 36 AD3d 974, 975 [2007], lv denied 8NY3d 809 [2007]; Matter of DawnN., 4 AD3d 634, 635 [2004], lv dismissed 2 NY3d 786 [2004]). Respondent'sargument that his consent was not knowing, intelligent or voluntary should have been pursued ina motion to vacate the order (see Family Ct Act § 1051 [f]; § 1061;Matter of Cheyenne QQ., 37 AD3d at 978). Even if we were to consider the argument,we would find it to be patently without merit since the record reveals that, prior to permittingrespondent to consent to the finding of neglect, Family Court engaged in a thorough colloquywith him to ensure that he understood the legal effect and consequences of his consent and thatsuch consent was knowingly and voluntarily given (see Family Ct Act § 1051 [f];see also Matter of Jonathan LL., 294 AD2d 752, 753 [2002]).
Cardona, P.J., Peters, Spain and Lahtinen, JJ., concur. Ordered that the appeal is dismissed,without costs.