Matter of Monica T. (Calvin T.)

Decided and Entered: October 18, 2007
501894
________________________________
In the Matter of MONICA T. and Others, Alleged to be Abused and Neglected Children.
ALBANY COUNTY DEPARTMENT FOR
CHILDREN, YOUTH AND
FAMILIES, Res.....

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Decided and Entered: October 18, 2007 501894 ________________________________ In the Matter of MONICA T. and Others, Alleged to be Abused and Neglected Children. ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH AND FAMILIES, Respondent; CALVIN T., Appellant. ___________________________ Calendar Date: September 6, 2007 Before: Cardona, P.J., Carpinello, Mugglin, Rose and Lahtinen, JJ. __________ Sandra M. Colatosti, Albany, for appellant. Jeffrey G. Kennedy, Department of Children, Youth and Families, Albany, for respondent. George V. Collins III, Law Guardian, Albany. Jaya Connors, Law Guardian, Delmar. __________ 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.

Matter of Monica T. (Calvin T.)

Decided and Entered: October 18, 2007 501894 ________________________________ In the Matter of MONICA T. and Others, Alleged to be Abused and Neglected Children. ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH AND FAMILIES, Res.....

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Decided and Entered: October 18, 2007
501894
________________________________
In the Matter of MONICA T. and Others, Alleged to be Abused and Neglected Children.
ALBANY COUNTY DEPARTMENT FOR
CHILDREN, YOUTH AND
FAMILIES, Res.....