Opinion
CAF 04-01038.
April 29, 2005.
Appeal from an order of the Family Court, Cayuga County (Mark H. Fandrich, J.), dated April 1, 2004 in a proceeding pursuant to Family Court Act article 10. The order adjudicated the child neglected and ordered that respondent be placed under petitioner's supervision for a period of 12 months upon the terms and conditions set forth in a service plan.
CYNTHIA B. BRENNAN, AUBURN, FOR RESPONDENT-APPELLANT.
THOMAS P. STOPYRA, COUNTY ATTORNEY, AUBURN (FREDERICK R. WESTPHAL OF COUNSEL), FOR PETITIONER-RESPONDENT.
RICHARD W. GUNGER, LAW GUARDIAN, AUBURN, FOR JUSTEEN T.
Present: Pigott, Jr., P.J., Green, Kehoe, Martoche and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: This appeal from an order dated April 1, 2004 is dismissed, as that order was superseded by an order dated July 20, 2004 ( see Matter of Eric D. [appeal No. 1], 162 AD2d 1051). We decline to exercise our discretion to treat the notice of appeal as one taken from the subsequent order ( see CPLR 5520 [c]; cf. Kanter v. Pieri, 11 AD3d 912) because the subsequent order was entered upon respondent's consent, and thus no appeal lies from that order ( see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652).