Matter of Shaliyah P. (Eddie P.)
2011 NY Slip Op 09649 [90 AD3d 1054]
December 27, 2011
Appellate Division, Second Department
As corrected through Wednesday, February 1, 2012


In the Matter of Shaliyah P. Westchester County Department ofSocial Services, Respondent; Eddie P., Appellant, et al., Respondent.

[*1]Helen Migdon Greenberg, Elmsford, N.Y., for appellant.

Robert F. Meehan, County Attorney, White Plains, N.Y. (Adam Rodriguez of counsel), forpetitioner-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 theFamily Court, Westchester County (Scattaretico-Naber, J.), entered May 5, 2010, which, upon hisconsent, inter alia, found that he had neglected the subject child and placed the child in thecustody of the Westchester County Department of Social Services.

Ordered that the appeal from the order of fact-finding and disposition is dismissed, withoutcosts or disbursements.

The appeal from the order of fact-finding and disposition, which found that the fatherneglected the subject child and, inter alia, placed the child in the custody of the WestchesterCounty Department of Social Services, must be dismissed, as the order was entered on theconsent of the appealing party. No appeal lies from an order entered upon the consent of theappealing party (see Matter of LemarH., 52 AD3d 602, 603 [2008]; Matter of Baby Girl M., 48 AD3d 569, 569 [2008]; Matter of Brian R., 48 AD3d 576,577 [2008]; Matter of Angelique L.,42 AD3d 569, 571 [2007]; Matterof Jerome Marcel T., 28 AD3d 780, 780 [2006]). Dillon, J.P., Balkin, Leventhal andChambers, JJ., concur.


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