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Matter of Department of Soc. Serv. v. Herbert

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 636 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

Appeal from the Family Court, Dutchess County (Amodeo, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

The record indicates that the respondent voluntarily, knowingly, and intelligently stipulated to waive his right to appeal from the fact-finding adjudication in exchange for the agreed upon dispositional order. Having failed to show any grounds upon which to vacate the stipulation of settlement (see, Hallock v. State of New York, 64 N.Y.2d 224; Matter of Frutiger, 29 N.Y.2d 143; Bellefleur v. Gervais, 201 A.D.2d 524; Bailey v. New York City Tr. Auth., 196 A.D.2d 854), the respondent cannot now appeal from the dispositional order or seek review of the fact-finding determination. Mangano, P.J., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Matter of Department of Soc. Serv. v. Herbert

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 636 (N.Y. App. Div. 1995)
Case details for

Matter of Department of Soc. Serv. v. Herbert

Case Details

Full title:In the Matter of DEPARTMENT OF SOCIAL SERVICES, on Behalf of MARTHA R.…

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 636 (N.Y. App. Div. 1995)
624 N.Y.S.2d 933