In the Matter of Connor S. and Others, Alleged to be Neglected Children

Summary

The Appellate Division dismissed a father's appeal from a Family Court order adjudicating his children neglected under Family Court Act article 10 because the order was entered on consent and he had not moved to vacate it. The court additionally stated that, if the order were reviewable, the record showed that the father knowingly and voluntarily consented after being informed of the order's implications.

Holdings

1. An order entered on consent cannot be appealed.
2. When a respondent challenges the voluntariness or validity of a consent order but has not moved to vacate the order on those grounds, the appeal must be dismissed.

Questions Presented

1. Whether an appeal may be taken from a Family Court order entered on the respondent's consent.
2. Whether the appellate court could review the respondent's claim that his consent was involuntary when he had not moved to vacate the consent order.

Disposition

dismissed