Opinion
441 CAF 16–02012
04-27-2018
In the MATTER OF JENESSA L.M. Erie County Department of Social Services, Petitioner–Respondent; v. Shawn C.P., Respondent–Appellant.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT. REBECCA HOFFMAN, BUFFALO, FOR PETITIONER–RESPONDENT. JAMIE L. CODJOVI, BUFFALO, ATTORNEY FOR THE CHILD.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT.
REBECCA HOFFMAN, BUFFALO, FOR PETITIONER–RESPONDENT.
JAMIE L. CODJOVI, BUFFALO, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:In this Family Court Act article 10 proceeding, respondent mother appeals from an order adjudging, inter alia, that she neglected the subject child. The mother's challenge to the finding of neglect " ‘is not reviewable on appeal because it was premised on [the mother's] admission of neglect and thereby made in an order entered on consent of the parties' " ( Matter of Martha S. [Linda M.S.], 126 A.D.3d 1496, 1497, 6 N.Y.S.3d 373 [4th Dept. 2015], lv dismissed in part and denied in part 26 N.Y.3d 941, 17 N.Y.S.3d 58, 38 N.E.3d 800 [2015] ). Furthermore, the mother "never moved to vacate the finding of neglect or to withdraw her consent to the order, and thus her contention that her consent was not knowing, intelligent, and voluntary is not properly before us" ( Matter of Dah'Marii G. [Cassandra G.], 156 A.D.3d 1479, 1480, 65 N.Y.S.3d 840 [4th Dept. 2017] ). We have considered the mother's remaining contention and conclude that it is without merit.
It is hereby ORDERED that said appeal insofar as it concerns the finding of neglect is unanimously dismissed and the order is affirmed without costs.