In re Martha S., 327 CAF 13-01091
| Citation | 2015 N.Y. Slip Op. 02615,6 N.Y.S.3d 373,126 A.D.3d 1496 |
| Decision Date | 27 March 2015 |
| Docket Number | 327 CAF 13-01091 |
| Parties | In the Matter of MARTHA S. and Mary S. Genesee County Department of Social Services, Petitioner–Respondent; Linda M.S., Respondent–Appellant. |
| Court | New York Supreme Court — Appellate Division |
126 A.D.3d 1496
6 N.Y.S.3d 373
2015 N.Y. Slip Op. 02615
In the Matter of MARTHA S. and Mary S.
Genesee County Department of Social Services, Petitioner–Respondent;
Linda M.S., Respondent–Appellant.
327 CAF 13-01091
Supreme Court, Appellate Division, Fourth Department, New York.
March 27, 2015.
Keliann M. Argy, Orchard Park, for Respondent–Appellant.
Paula A. Campbell, Batavia, for Petitioner–Respondent.
Paul B. Watkins, Attorney for the Children, Fairport.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ.
Opinion
MEMORANDUM:
In this proceeding pursuant to Family Court Act article 10, respondent mother appeals from an order that, inter alia, found that the mother had neglected the subject children and placed the children in the custody of petitioner. The mother's challenge to the underlying neglect finding “is not reviewable on appeal because it was premised on [the mother's] admission of neglect and thereby made in an order entered on consent of the parties” (Matter of Carmella J., 254 A.D.2d 70, 70, 678 N.Y.S.2d 329 ; see Matter of Violette K. [Sheila E.K.], 96 A.D.3d 1499, 1499, 946 N.Y.S.2d 519 ; Matter of June MM., 62 A.D.3d 1216, 1217, 879 N.Y.S.2d 633, lv. denied 13 N.Y.3d 704, 2009 WL 2871186 ). Because the mother never moved to vacate the neglect finding or to withdraw her consent to the order, her contention that her consent was not knowing, voluntary and intelligent is also not properly before us (see Family Ct. Act § 1051[f] ; Violette K., 96 A.D.3d at 1499, 946 N.Y.S.2d 519 ; June MM., 62 A.D.3d at 1217, 879 N.Y.S.2d 633 ; cf. Matter of Gabriella R., 68 A.D.3d 1487, 1487, 891 N.Y.S.2d 539 ). The mother's challenge to Family Court's removal of the children from her home pending a final order of disposition “has been rendered moot by the court's subsequent ... dispositional order” (Matter of Joseph E.K. [Lithia K.], 118 A.D.3d 1324, 1324, 987 N.Y.S.2d 760 ; see Matter of Anthony C. [Juan C.], 99...
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