| Matter of Nivia L.C. (Shani C.) |
| 2013 NY Slip Op 03670 [106 AD3d 996] |
| May 22, 2013 |
| Appellate Division, Second Department |
| In the Matter of Nivia L.C. Suffolk County Department ofSocial Services, Respondent; Shani C., Appellant. |
—[*1] Dennis M. Brown, County Attorney, Central Islip, N.Y. (Karin A. Bohrer ofcounsel), for respondent. Robert C. Mitchell, Central Islip, N.Y. (John B. Belmonte of counsel), attorney forthe child.
In a child protective proceeding pursuant to Family Court Act article 10, the motherappeals from (1) an order of fact-finding and disposition of the Family Court, SuffolkCounty (Freundlich, J.), dated March 1, 2012, which, after fact-finding and dispositionalhearings, found that she neglected the subject child and, upon her consent, released thechild to the custody of the nonrespondent father, placed her under the supervision of theSuffolk County Department of Social Services for a period of one year, and directed herto comply with an order of protection of the same court, also dated March 1, 2012, and(2) an order of protection of the same court dated March 1, 2012, which, upon herconsent, directed her to observe certain conditions until March 1, 2013.
Ordered that the appeal from the order of protection dated March 1, 2012, isdismissed, without costs or disbursements; and it is further,
Ordered that the appeal from so much of the order of fact-finding and disposition asreleased the subject child to the nonrespondent father, placed the mother under thesupervision of the Suffolk County Department of Social Services for a period of oneyear, and directed her to comply with the order of protection dated March 1, 2012, isdismissed, without costs or disbursements; and it is further,
Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed,without costs or disbursements.
The appeals from the one-year order of protection dated March 1, 2012, and so muchof the order of fact-finding and disposition as released the subject child to thenonrespondent father, placed the mother under the supervision of the Suffolk CountyDepartment of Social Services for a period of one year, and directed her to comply withthe order of protection must be dismissed, as [*2]theorder of protection and that portion of the order of fact-finding and disposition wereentered on the mother's consent. No appeal lies from an order entered on the consent ofthe appealing party (see Matterof Brian R., 48 AD3d 576, 577 [2008]; Matter of Baby Girl M., 48 AD3d 569, 569 [2008]; Matter of Angelique L., 42AD3d 569, 571 [2007]; Matter of Jerome Marcel T., 28 AD3d 780, 781 [2006]).Moreover, the order of protection and so much of the order of fact-finding anddisposition as placed the mother under the supervision of the Suffolk County Departmentof Social Services for a period of one year and directed her to comply with the one-yearorder of protection have been rendered academic, as they have expired by their ownterms (see Matter of JordanE., 57 AD3d 539 [2008]; Matter of Brian R., 48 AD3d at 577; Matter of Daqwuan G., 29AD3d 694 [2006]; Matter of Angelique L., 42 AD3d at 571).
However, since the prior adjudication of neglect constitutes " 'a permanent andsignificant stigma which might indirectly affect the [mother's] status in futureproceedings' " the mother's appeal from that portion of the order of fact-finding anddisposition which found that she had neglected her child is not academic (Matter ofAngelique L., 42 AD3d at 571, quoting Matter of Daqwuan G., 29 AD3d at695; see Matter of Ndeye D.[Benjamin D.], 85 AD3d 1026, 1027 [2011]). The Family Court's finding ofneglect is supported by a preponderance of the evidence (see Family Ct Act§§ 1012 [f] [i] [B]; 1046 [a] [iii]; Matter of Arthur S. [Rose S.], 68 AD3d 1123 [2009]; Matter of Aaliyah G., 51 AD3d918 [2008]). Accordingly, the Family Court's determination must be affirmed.Skelos, J.P., Dickerson, Lott and Roman, JJ., concur.