Opinion
2013-02-20
In the Matter of MA'KYLE L. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant; Egbert L. (Anonymous), intervenor-respondent. (Proceeding No. 1). In the Matter of Melissa L. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant; Egbert L. (Anonymous), intervenor-respondent. (Proceeding No. 2). In the Matter of Myia L. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant; Egbert L. (Anonymous), intervenor-respondent. (Proceeding No. 3). In the Matter of Egbert L. (Anonymous), petitioner-respondent, v. Myriam B. (Anonymous), appellant, et al., respondents. (Proceeding Nos. 4–8). In the Matter of Meek B. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant. (Proceeding No. 9). In the Matter of Meternal B. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant. (Proceeding No. 10).
Arza Rayches Feldman, Uniondale, N.Y. (Steven Feldman of counsel), for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Robert F. Van der Waag of counsel), for respondent.
Arza Rayches Feldman, Uniondale, N.Y. (Steven Feldman of counsel), for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Robert F. Van der Waag of counsel), for respondent.
Wayne T. Marks, Huntington, N.Y., attorney for the children.
In five related neglect proceedings pursuant to Family Court Act article 10 and five related custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of (1) an order of fact-finding and disposition of the Family Court, Nassau County (Dane, J.), dated December 22, 2010, as, after fact-finding and dispositional hearings, upon her consent, awarded custody of the children Ma'Kyle L., Melissa L., and Myia L. to the father, (2) an order of the same court, also dated December 22, 2010, as, after fact-finding and dispositional hearings, upon her consent, awarded custody of the children Meek B. and Meternal B. to the father, and (3) an order of the same court dated January 19, 2011, as, after a hearing, upon her consent, granted the father's petition for custody of all five children.
ORDERED that the appeals are dismissed, without costs or disbursements.
The mother is not aggrieved by the award of custody of the subject children to the father, since she consented to that disposition. Since that is the only issue raised on appeal, the appeals must be dismissed ( see CPLR 5511; Matter of Garcia v. Carballo, 277 A.D.2d 453, 715 N.Y.S.2d 891;Matter of Chiakpo v. Obi, 255 A.D.2d 579, 580, 680 N.Y.S.2d 869). To the extent that the appellant contends that she did not consent to the award of custody to the father, her remedy is to move in the Family Court to vacate or resettle the orders ( see Matter of Reilly v. Reilly, 49 A.D.3d 883, 884, 853 N.Y.S.2d 900;Matter of Brouwer v. Pacicca, 291 A.D.2d 448, 449, 737 N.Y.S.2d 541).