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Matter of Briana R

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1998
247 A.D.2d 940 (N.Y. App. Div. 1998)

Opinion

February 4, 1998

Present — Pine, J. P., Lawton, Wisner, Callahan and Balio, JJ.


Motion to dismiss appeal granted. Memorandum: No appeal lies from an order entered on consent (see, Matter of Cherilyn P., 192 A.D.2d 1084, lv denied 82 N.Y.2d 652), and any motion to set aside or vacate such order must be addressed to the court that entered the order (see, Matter of Tina G., 231 A.D.2d 966). To the extent that respondent consented to the terms and conditions of the dispositional order and the order of protection, he is not an aggrieved party entitled to appeal. Moreover, respondent is precluded from challenging the findings of abuse and neglect that were entered in accordance with our decision on the prior appeal. An appeal may not be taken to this Court from its own order (see, CPLR 5501 [c]; 5701, 5702, 5703).


Summaries of

Matter of Briana R

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1998
247 A.D.2d 940 (N.Y. App. Div. 1998)
Case details for

Matter of Briana R

Case Details

Full title:In the Matter of BRIANA R., an Infant. MONROE COUNTY DEPARTMENT OF SOCIAL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 4, 1998

Citations

247 A.D.2d 940 (N.Y. App. Div. 1998)
668 N.Y.S.2d 976

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