Andresha G., Matter of
| Decision Date | 10 June 1998 |
| Citation | 674 N.Y.S.2d 226,251 A.D.2d 1005 |
| Parties | , 1998 N.Y. Slip Op. 5681 Matter of ANDRESHA G., Vontay P., Shalonda G., Tameka G., Shamell G., Issacc G. and Tashe G. Monroe County Department of Social Services, Respondent; Mahalia C., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gilbert R. Perez, Rochester, for respondent-appellant.
Ronald A. Case, Rochester, for petitioner-respondent.
Linda J. Kostin, Rochester, for Law Guardian.
Before DENMAN, P.J., and LAWTON, WISNER, BALIO and BOEHM, JJ.
Respondent appeals from an order, entered on consent, which found that she had neglected her children. The appeal must be dismissed because an order entered on consent is not appealable (see, Matter of Bambi C. [Shirley C.], 238 A.D.2d 942, 661 N.Y.S.2d 551, lv. denied 90 N.Y.2d 805, 663 N.Y.S.2d 511, 686 N.E.2d 223). The record does not support the contention that respondent consented to the order under duress. In any event, her remedy "is to move in Family Court to vacate the order, at which time [she] can present proof in support of [her] allegations of duress, proof which is completely absent from this record" (Matter of Farquhar v. Pitt, 192 A.D.2d 806, 596 N.Y.S.2d 484). Nor is there merit to the contention that respondent was coerced into entering into the order because of lengthy delays. The delays were caused by scheduling conflicts, criminal proceedings involving respondent's husband, and indecision by respondent whether she wanted a trial. Finally, there is no merit to the contention that the consent was illegally obtained because respondent was not given the requisite warnings pursuant to Family Court Act § 1051(f).
Appeal unanimously dismissed without costs.
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