| Matter of Na'Sir RR. (Devine RR.) |
| 2014 NY Slip Op 04284 [118 AD3d 1180] |
| June 12, 2014 |
| Appellate Division, Third Department |
[*1]
| In the Matter of Na'Sir RR., a Child Alleged to beNeglected. Commissioner of the Schenectady County Department of Social Services,Respondent; Devine RR., Appellant. |
Sandra M. Colatosti, Albany, for appellant.
Jennifer M. Barnes, Schenectady County Department of Social Services,Schenectady, for respondent.
Karen Crandall, Schenectady, attorney for the child.
Garry, J. Appeals (1) from an order of the Family Court of Schenectady County(Powers, J.), entered March 15, 2013, which granted petitioner's application, in aproceeding pursuant to Family Ct Act article 10, to adjudicate respondent's child to beneglected, and (2) from the orders of protection and supervision issued thereon.
Respondent is the father of a child (born in 2012) who was removed from hismother's care immediately after his birth and temporarily placed in petitioner's custody.Petitioner commenced this proceeding alleging derivative neglect based upon a priorneglect finding. In February 2012, following several appearances, respondent consentedto a finding of neglect, without admissions, and Family Court made a finding of neglectbased upon the allegations in the petition. The court thereafter entered orders offact-finding and disposition, supervision and protection. Respondentappeals.
[*2] The appeal must be dismissed, asan order entered upon consent is not appealable (see Matter of Dante W. [Justin W.], 110 AD3d 1400, 1401[2013]; Matter of Trenton G.[Lianne H.], 100 AD3d 1124, 1125 [2012]). We note that in the course of theproceedings, respondent's counsel misstated the law in this respect, without correction.The record also reveals, however, that respondent was advised that Family Court wouldenter a finding of neglect upon his consent and would then proceed with an order ofdisposition, and the terms of the order of supervision were described to him (seeFamily Ct Act § 1051 [f]). Respondent has neither moved to vacate thefinding of neglect nor to withdraw his consent and, thus, his claim that his consent wasinvalid is not properly before this Court (see Family Court Act§ 1061; Matter of Dante W. [Justin W.], 110 AD3d at 1401; Matter of Gabrielle S. [ReberickT.], 105 AD3d 1098, 1098-1099 [2013]; Matter of Logan BB. [Michelle DD.], 82 AD3d 1373, 1374[2011]).
Lahtinen, J.P., Stein and Rose, JJ., concur. Ordered that the appeal is dismissed,without costs.