| Matter of Gabrielle S. (Reberick T.) |
| 2013 NY Slip Op 02296 [105 AD3d 1098] |
| April 4, 2013 |
| Appellate Division, Third Department |
| In the Matter of Gabrielle S., a Child Alleged to be aNeglected. Broome County Department of Social Services, Respondent; Reberick T.,Appellant, et al., Respondent. |
—[*1] Kuredin V. Eytina, Broome County Department of Social Services, Binghamton, forrespondent. Michelle Stone, Vestal, attorney for the child.
Peters, P.J. Appeal from an order of the Family Court of Broome County(Charnetsky, J.), entered October 8, 2010, which, in a proceeding pursuant to Family CtAct article 10, issued orders of protection.
Petitioner commenced this neglect proceeding against the child's mother and herlive-in companion, respondent Reberick T. (hereinafter respondent), alleging, amongother things, that they had engaged in numerous acts of domestic violence in the child'spresence. Thereafter, respondent appeared before Family Court with counsel and, in fullsatisfaction of the petition against him, consented to an order of protection barring himfrom having any contact with the child until she reaches the age of 18, as well as anextension of an order of protection then in effect in favor of one of petitioner'scaseworkers. Respondent appeals.[*2]
Inasmuch as the order was entered upon consent,it is not appealable (see Matterof Trenton G. [Lianne H.], 100 AD3d 1124, 1125 [2012]; Matter of Connor CC. [JenniferDD.], 99 AD3d 1127, 1127 [2012]; Matter of Mary UU. [Michael UU.—Marie VV.], 70AD3d 1227, 1228 [2010]). To the extent that respondent claims that his consent wasnot voluntary, such an argument must be raised in a motion to vacate the underlyingorder (see Family Ct Act § 1061; Matter of Connor CC. [JenniferDD.], 99 AD3d at 1127; Matter of Mary UU. [Michael UU.—MarieVV.], 70 AD3d at 1228). Accordingly, the appeal is dismissed.
Spain, Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, withoutcosts.