Majority
p. 942In the Matter of Bambi C. and Another, Children Alleged to be Neglected. Shirley C., Appellant; Oswego County Department of Social Services, Respondent. [661 NYS2d 551]
—Appeal unanimously dismissed without costs. Memorandum: This appeal must be dismissed. Respondent admitted that she violated the conditions of a prior dispositional order and consented to a finding of neglect and entry of a dispositional order continuing the prior order. No appeal lies from an order
p. 943
entered upon the parties’ consent (see, Matter of Michael CC., 216 AD2d 740 ; Matter of Cherilyn P., 192 AD2d 1084 , lv denied 82 NY2d 652 ). Respondent’s remedy is to move to vacate the finding of neglect (see, Family Ct Act § 1051 [f]; Matter of Farquhar v Pitt, 192 AD2d 806 ). (Appeal from Order of Oswego County Family Court, Roman, J.—Neglect.) Present—Denman, P. J., Green, Lawton, Balio and Fallon, JJ.
Cases cited
- In re Michael CC. 216 AD2d 740 p. 943