Matter of Shaliyah P. (Eddie P.)

Matter of Matter of Shaliyah P. (Eddie P.) 2011 NY Slip Op 09649 Decided on December 27, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
2010-06271
(Docket Nos. NN-11723-09, NN-11725-09)

[*1]In the Matter of Shaliyah P. (Anonymous). Westchester County Department of Social Services, petitioner-respondent;

and

Eddie P. (Anonymous), appellant, et al., respondent.




Helen Migdon Greenberg, Elmsford, N.Y., for appellant.
Robert F. Meehan, County Attorney, White Plains, N.Y. (Adam
Rodriguez of counsel), for petitioner-
respondent.
Roberta Michael, Elmsford, N.Y., attorney for the child.


DECISION & ORDER

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 the Family Court, Westchester County (Scattaretico-Naber, J.), entered May 5, 2010, which, upon his consent, inter alia, found that he had neglected the subject child and placed the child in the custody of the Westchester County Department of Social Services.

ORDERED that the appeal from the order of fact-finding and disposition is dismissed, without costs or disbursements.

The appeal from the order of fact-finding and disposition, which found that the father neglected the subject child and, inter alia, placed the child in the custody of the Westchester County Department of Social Services, must be dismissed, as the order was entered on the consent of the appealing party. No appeal lies from an order entered upon the consent of the appealing party (see Matter of Lemar H., 52 AD3d 602, 603; Matter of Baby Girl M., 48 AD3d 569, 569; Matter of Brian R., 48 AD3d 576, 577; Matter of Angelique L., 42 AD3d 569, 571; Matter of Jerome Marcel T., 28 AD3d 780, 780).
DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court