Erie Cnty. Dep't of Soc. Servs. v. Brian Y. (In re Brox Y.)

Full title: MATTER OF BROX Y. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 9, 2018

2018 N.Y. Slip Op. 70775 (N.Y. App. Div. 2018)

Opinion

APPELLATE DIVISION DOCKET NO. CAF 18-00544 DOCKET NO. AS-0994-18

04-09-2018

MATTER OF BROX Y. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. BRIAN Y., RESPONDENT-APPELLANT.

CENTRA, J.P., CARNI, DEJOSEPH, LINDLEY, AND WINSLOW, JJ.

PRESENT:

An appeal having been taken herein from a Judicial Surrender recorded in the Office of the Clerk of the County of Erie on January 25, 2018,

Now, on the Court's own motion,

It is hereby ORDERED that the appeal is dismissed (see Family Court Act § 1112 [a]), and

It is further ORDERED that the notice of appeal filed February 23, 2018, shall be treated as valid as to the order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on March 8, 2018, and

It is further ORDERED that the appeal from the order entered March 8, 2018, is dismissed on the ground that no appeal lies from an order entered upon consent (see CPLR 5511; Matter of Cherilyn P., 192 AD2d 1084, 1084 [4th Dept 1993], lv denied 82 NY2d 652 [1993]).

Entered: April 9, 2018

MARK W. BENNETT, Clerk