In re Daniel B.

127 A.D.3d 1178

5 N.Y.S.3d 911 (Mem)

2015 N.Y. Slip Op. 03523

In the Matter of DANIEL B. (Anonymous), appellant.

2013-04531, Docket No. D-24522-12.

Supreme Court, Appellate Division, Second Department, New York.

April 29, 2015.

Daniel P. Moskowitz, Jamaica, N.Y., for appellant.

Zachary W. Carter, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Deborah A. Brenner of counsel), for respondent.

Opinion

Appeal from an order of disposition of the Family Court, Queens County (Fran L. Lubow, J.), dated March 15, 2013. The order of disposition, insofar as appealed from, upon Daniel B.'s consent, directed his placement in a nonsecure detention facility with the Administration for Children's Services for a period of up to 18 months, upon adjudicating him to be a juvenile delinquent.

Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of the appealing party. By decision and order on motion of this Court dated December 10, 2014, that branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of the appealing party was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the appeal, it isORDERED that the branch of the motion which is to dismiss the appeal from the order of disposition on the ground that no appeal lies from an order entered upon the consent of the appealing party is...