v. Xavier O., Mtr. of, 117 A.D.3d 1567 (N.Y. App. Div. 2014). · Go Syfert
v. Xavier O., Mtr. of, 117 A.D.3d 1567 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Ragnar B.N. (Gary B.N.) (nyappdiv, 2026-02-11)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Ragnar B.N. (Gary B.N.)
N.Y. App. Div. · 2026 · confidence medium
We note that a party may challenge whether the consent to the entry of the finding of permanent neglect was given knowingly, voluntarily and intelligently by preserving the contention through a motion to vacate the finding of permanent neglect or to withdraw their consent ( see Matter of Abigail H. [Daniel D.] , 172 AD3d 1922 , 1923 [4th Dept 2019], lv denied 34 NY3d 901 [2019]; Matter of Dah ' Marii G. [Cassandra G.] , 156 AD3d 1479, 1480 [4th Dept 2017]; Matter of Xavier O.V. [Sabino V.] , 117 AD3d 1567, 1567 [4th Dept 2014], lv denied 24 NY3d 903 [2014]).
discussed Cited as authority (rule) Matter of Abigail H. (Daniel D.)
N.Y. App. Div. · 2019 · confidence medium
Thus, the father's contention that his admission was not knowing or voluntary, which is raised for the first time on appeal, is not properly before us ( see Matter of Kh'Niayah D. [Niani J.] , 155 AD3d 1649, 1650 [4th Dept 2017], lv denied 31 NY3d 901 [2018]; Matter of Xavier O.V. [Sabino V.] , 117 AD3d 1567, 1567 [4th Dept 2014], lv denied 24 NY3d 903 [2014]; see also Matter of Dah'Marii G. [Cassandra G.] , 156 AD3d 1479, 1480 [4th Dept 2017]; Matter of Martha S. [Linda M.S.] , 126 AD3d 1496 , 1497 [4th Dept 2015], lv dismissed in part and denied in part 26 NY3d 941 [2015]).
discussed Cited as authority (rule) Matter of Aiden T. (Melissa S.)
N.Y. App. Div. · 2018 · confidence medium
Finally, the court's " prior order finding permanent neglect and suspending judgment was entered on consent of [respondents] and thus is beyond appellate review' " ( Matter of Xavier O.V. [Sabino V.] , 117 AD3d 1567, 1567 [4th Dept 2014], lv denied 24 NY3d 903 [2014]).
discussed Cited as authority (rule) Matter of Dah'Marii G. (Cassandra G.)
N.Y. App. Div. · 2017 · confidence medium
Preliminarily, we note that the prior order of Family Court finding permanent neglect and suspending judgment was entered on the consent of the parties, and thus it is beyond appellate review (see Matter of Martha S. [Linda M.S.], 126 AD3d 1496 , 1497 [4th Dept 2015], lv dismissed in part and denied in part 26 NY3d 941 [2015]; Matter of Xavier O.V. [Sabino V.], 117 AD3d 1567, 1567 [4th Dept 2014], lv denied 24 NY3d 903 [2014]).
discussed Cited "see" Matter of Raymond H. (Dana C.)
N.Y. App. Div. · 2020 · signal: see · confidence high
Moreover, the mother's contentions are directed at the "prior order finding permanent neglect and suspending judgment [that] was entered on consent of [the mother] and thus is beyond appellate review" ( Matter of Aiden T. [Melissa S.] , 164 AD3d 1663 , 1665 [4th Dept 2018], lv denied 32 NY3d 917 [2019] [internal quotation marks omitted]; see Matter of Xavier O.V. [Sabino V.] , 117 AD3d 1567, 1567 [4th Dept 2014], lv denied 24 NY3d 903 [2014]).
Retrieving the full opinion text from the archive…
In the Matter of Xavier O
v.
an Infant. Monroe County Department of Human Services, Respondent; Sabino v. Appellant
CAF 13-00249.
Appellate Division of the Supreme Court of the State of New York.
May 9, 2014.
117 A.D.3d 1567
Smith, Peradotto, Carni, Sconiers, Valentino.
Cited by 5 opinions  |  Published

Appeal from an order of the Family Court, Monroe County (Dandrea L. Ruhlmann, J.), entered January 10, 2013 in a proceeding pursuant to Family Court Act article 10. The order terminated the parental rights of respondent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent father agreed to an adjournment in contemplation of dismissal with respect to the allegations in a neglect petition. Later, he consented to a finding that he had permanently neglected the subject child and to the entry of a suspended judgment based on that finding. He now appeals from an order that, inter alia, revoked the suspended judgment, terminated his parental rights with respect to the child, and freed the child for adoption.

We have frequently concluded that Family Court’s “prior order finding permanent neglect and suspending judgment was entered on consent of [the father] and thus is beyond appellate review” (Matter of Bryan W., 299 AD2d 929, 930 [2002], lv denied 99 NY2d 506 [2003]; see Matter of Ronald O., 43 AD3d 1351, 1351-1352 [2007]; Matter of Amanda T., 4 AD3d 846, 846 [2004]; Matter of Cherilyn P., 192 AD2d 1084, 1084 [1993], lv denied 82 NY2d 652 [1993]). Here, however, the father contends that his consent to the entry of the finding of permanent neglect was not given knowingly, voluntarily and intelligently. The father “has raised that contention for the first time on appeal . . . , and thus has failed to preserve it for our review” (Matter of Atreyu G. [Jana M.], 91 AD3d 1342, 1342 [2012], lv denied 19 NY3d 801 [2012]; see Matter of Derrick T.M., 286 AD2d 938, 938-939 [2001]; see also Matter of Megan L.G.H. [Theresa G.H.], 102 AD3d 869, 869 [2013]) and, in any event, that contention is without merit. Although the record reflects that the father initially hesitated and indicated that he did not wish to admit any wrongdoing, he relented and agreed to permit the court to make a finding of permanent neglect and to enter a suspended judgment based on that finding. Contrary to the father’s contention, “the proof does not show that ‘the consent was [given][*1568] under compulsion or threat, or against [the father]’s free will, or based upon fraudulent statements’ ” (Matter of Jarrett, 224 AD2d 1029, 1030 [1996], lv dismissed 88 NY2d 960 [1996]; see generally Matter of Seasia D., 10 NY3d 879, 880 [2008], rearg denied 11 NY3d 752 [2008], cert denied sub nom. Kareem W. v Mr. & Mrs. Anonymous, 555 US 1046 [2008]). Indeed, the record establishes that the father was represented by counsel at the time of his admission, and the father stated that he understood all the proceedings because they were translated into Spanish, his native language. Thus, we conclude that he knowingly, voluntarily and intelligently agreed to the entry of a finding of permanent neglect (see generally Matter of Aparicio Rodrigo B., 29 AD3d 351, 351 [2006]).

Present—Smith, J.P, Peradotto, Carni, Sconiers and Valentino, JJ.