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In the Matter of MONICA T. and Others, Children Alleged to be Abused and Neglected. ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH AND FAMILIES, Respondent; CALVIN T., Appellant.

Mugglin, J.

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, lv denied 8 NY3d 809; Matter of Amber W, 22 AD3d 967, 968, Iv denied 6 NY3d 708). Consequently, the appeal must be dismissed.

Ordered that the appeal is dismissed, without costs.

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MONICA v. CALVIN
(Oct 18, 2007)