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Matter of Carmella J

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1998
254 A.D.2d 70 (N.Y. App. Div. 1998)

Opinion

October 8, 1998

Appeal from the Family Court, New York County (Rhoda Cohen, J.).


The underlying neglect finding respondent would now challenge is not reviewable on appeal because it was premised on respondent's admission of neglect and thereby made in an order entered on consent of the parties ( see, Matter of Lockett S. v. Onya S., 247 A.D.2d 622). The proper means of seeking vacatur or withdrawal of an admission such as respondent's, arguably received by the court in contravention of the statutorily prescribed procedure ( see, Family Ct Act § 1051 [f]), is to move for such relief in Family Court ( see, Matter of Andresha G., 251 A.D.2d 1005).

Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.


Summaries of

Matter of Carmella J

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1998
254 A.D.2d 70 (N.Y. App. Div. 1998)
Case details for

Matter of Carmella J

Case Details

Full title:In the Matter of CARMELLA J. and Another, Children Alleged to be…

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

Date published: Oct 8, 1998

Citations

254 A.D.2d 70 (N.Y. App. Div. 1998)
678 N.Y.S.2d 329

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