In re Monica T.

Appellate Division of the Supreme Court of New York

In re Monica T.

44 A.D.3d 1136, 842 N.Y.S.2d 923

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 18, 2007

StatusPublished

Cited by3 cases

This text of 44 A.D.3d 1136 (In re Monica T.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Monica T., 44 A.D.3d 1136, 842 N.Y.S.2d 923 (N.Y. Ct. App. 2007).

Pincite

Opinion

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.

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