Carmella J., In re

• Decision Date: 08 October 1998
• Parties: 1998 N.Y. Slip Op. 8665 In re CARMELLA J., et al., Children Under the Age of Eighteen Years, etc., Ymelda J., Respondent-Appellant, The Administration for Children's Services of the City of New York, Petitioner-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 329

678 N.Y.S.2d 329

1998 N.Y. Slip Op. 8665

In re CARMELLA J., et al., Children Under the Age of

Eighteen Years, etc.,

Ymelda J., Respondent-Appellant,

The Administration for Children's Services of the City of

New York, Petitioner-Respondent.

Supreme Court, Appellate Division,

First Department.

Oct. 8, 1998.

Patricia S. Colella, for Carmela J., et al.

Imelda P. Domingo, for Ymelda J.

A. Orli Spanier, for Administration for Children's Services of City of New York.

Before SULLIVAN, J.P., RUBIN, TOM and SAXE, JJ.

MEMORANDUM DECISION.

Appeal from a dispositional order, Family Court, New York County (Rhoda Cohen, J.), entered on or about October 23, 1996, which, upon a prior finding of neglect made against respondent on consent, inter alia, directed, also on consent, that custody of Joseph J. be returned to respondent mother under agency supervision for one year, and that Carmella J. be discharged to her father, also under agency supervision for one year, unanimously dismissed, without costs.

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., --- A.D.2d ----, 669 N.Y.S.2d 248). 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 Court Act § 1051[f] ), is to move for such relief in Family Court (see, Matter of Andresha G., --- A.D.2d ----, 674 N.Y.S.2d 226).