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IN THE MATTER OF BRYAN S. (ANONYMOUS). COMMISSIONER OF SOCIAL SERVICES, RESPONDENT; THOMAS S. (ANONYMOUS), APPELLANT.

ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the dispositional order; and it is further,

ORDERED that the appeal from the order of protection is dismissed, without costs or disbursements; and it is further,

ORDERED that the dispositional order is affirmed, without costs or disbursements.

The appeal from the order of protection must be dismissed, as no appeal lies from an order entered on the consent of the appealing party (see, Matter of Benerofe v. Wechsler, 281 A.D.2d 476; Matter of Starz v. Tissiera, 206 A.D.2d 432).

The Family Court's determination was supported by a preponderance of the admissible evidence presented at the hearing (see, Family Ct Act § 1046[b][i]; Matter of Nicole V., 71 N.Y.2d 112). Further, where, as here, the Family Court was confronted primarily with issues of credibility, its factual findings must be accorded great weight on appeal unless they were clearly unsupported by the record (see, Matter of Shevonne S., 188 A.D.2d 528). Under these circumstances, we find no basis to disturb the Family Court's determination.

The appellant's remaining contentions do not warrant reversal.

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MATTER OF BRYAN S
(Sep 10, 2001)