Opinion
01-18-2017
In the Matter of MICHAEL C. (Anonymous), Jr., Rockland County Department of Social Services, respondent, v. AILEEN A. (Anonymous), appellant.
Arleen Lewis, Blauvelt, NY, for appellant. Thomas E. Humbach, County Attorney, Pomona, NY (Radhika Nagubandi of counsel), for respondent. Legal Aid Society of Rockland County, New City, NY (Jacqueline Sands of counsel), attorney for the child.
Arleen Lewis, Blauvelt, NY, for appellant.
Thomas E. Humbach, County Attorney, Pomona, NY (Radhika Nagubandi of counsel), for respondent.
Legal Aid Society of Rockland County, New City, NY (Jacqueline Sands of counsel), attorney for the child.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, and HECTOR D. LaSALLE, JJ.
Appeal by the mother from a corrected order of the Family Court, Rockland County (Jo Ann Friia, J.), dated November 25, 2015. The corrected order, upon the mother's consent, inter alia, found that she wilfully violated an order of protection dated December 18, 2014.
ORDERED that on the Court's own motion, the notice of appeal from an order entered October 28, 2015, is deemed to be a premature notice of appeal from the corrected order dated November 25, 2015 (see CPLR 5520[c] ); and it is further,
ORDERED that the appeal from the corrected order dated November 25, 2015, is dismissed, without costs or disbursements.
The appeal from the corrected order dated November 25, 2015, which, among other things, found that the mother wilfully violated an order of protection, must be dismissed because the record reflects that the mother consented to the entry of the order. "[N]o appeal lies from an order entered on the consent of the appealing party" (Matter of Lemar H., 52 A.D.3d 602, 603, 859 N.Y.S.2d 736 ; see Matter of Bobby J.C. [Faith C.], 124 A.D.3d 648, 648, 1 N.Y.S.3d 311 ; Matter of Chloe P. Mc. [Lajohn M.], 122 A.D.3d 856, 856, 995 N.Y.S.2d 517 ; Matter of Jerome Marcel T., 28 A.D.3d 780, 781, 812 N.Y.S.2d 892 ), since a party who consents to an order is not aggrieved thereby (see CPLR 5511 ; Matter of Martha S. [Linda M.S.], 26 N.Y.3d 941, 941, 17 N.Y.S.3d 58, 38 N.E.3d 800 ; Matter of Ma'Kyle L. [Myriam B.-Egbert L.], 103 A.D.3d 802, 802, 959 N.Y.S.2d 449 ).
Moreover, the mother's argument that the Family Court erred in finding that she neglected the child is not properly before this Court, since she did not appeal from the order of fact-finding and disposition, which found that she neglected the child (see CPLR 5515[1] ; Matter of Dayannie I.M. [Roger I.M.], 138 A.D.3d 747, 750, 29 N.Y.S.3d 61 ; Matter of Idhailia P. [Philip S.P.], 95 A.D.3d 1333, 1335, 945 N.Y.S.2d 705 ).