Opinion
February 5, 1990
Appeal from the Family Court, Westchester County (Barone, J.).
Ordered that the appeal from the decision dated July 7, 1988, is dismissed, without costs or disbursements, as no appeal lies from a decision; and it is further,
Ordered that the appeal from the order entered August 18, 1988, is dismissed, without costs or disbursements, as that order was superseded by the dispositional order entered September 8, 1988; and it is further,
Ordered that the appeal from so much of the order entered September 8, 1988, as was entered upon the consent of all parties is dismissed, without costs or disbursements, as no appeal lies from an order entered upon consent (see, Goodman v Goodman, 150 A.D.2d 636; Katz v Katz, 68 A.D.2d 536), and the mother is not aggrieved thereby (see, CPLR 5511; Goodman v Goodman, supra); and it is further,
Ordered that the appeal from so much of the order entered September 8, 1988, as denied the mother's motion to dismiss the proceeding on the ground of lack of subject matter jurisdiction is dismissed as academic, without costs or disbursements.
On this appeal by the mother, the sole issue raised is whether the Family Court lacked subject matter jurisdiction over this proceeding, which sought an adjudication that the mother's then unborn child was in imminent danger of being neglected upon his or her birth, and for authorization for the immediate removal from the mother's care of the unborn child upon his or her birth.
At oral argument, this court was informed that in a subsequent and separate guardianship proceeding in the Family Court, Westchester County, instituted after the child's birth, the mother has consented to the permanent termination of her parental rights with regard to the child. Consequently, under the circumstances of this case, the jurisdictional issue raised on this appeal has been rendered academic (cf., Matter of H. Children, 156 A.D.2d 520). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.