History
  • No items yet
midpage
In re Monica T.
44 A.D.3d 1136
N.Y. App. Div.
2007
Check Treatment
Mugglin, J.

Appeal from an order of the Family Court of Albany County (Walsh, J.), entered November 13, 2006, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be abused and/or neglected.

Respondent, the father of three children, admitted that he had sexual contact with his eldest daughter and consented, as a part of this admission, to a finding of derivative neglect of the two younger siblings. He appeals, arguing only that the conduct to which he admitted was insufficient to support a finding of derivative neglect.

An adjudication of neglect entered upon the consent of a respondent cannot be reviewed on appeal, as the respondent is not an aggrieved party (see Matter of Elijah Q., 36 AD3d 974, 975 [2007], lv denied 8 NY3d 809 [2007]; Matter of Amber VV., 22 AD3d 967, 968 [2005], lv denied 6 NY3d 708 [2006]). Consequently, the appeal must be dismissed.

Cardona, P.J., Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, without costs.

Case Details

Case Name: In re Monica T.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 18, 2007
Citation: 44 A.D.3d 1136
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.