IN RE: RAGNAR B.-N. (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and freed the child for adoption. We conclude that the appeal must be dismissed inasmuch as the father's contentions are directed at the order finding permanent neglect, which “was entered on consent of [the father] and thus is beyond appellate review” (Matter of Raymond H. [Dana C.], 186 A.D.3d 1125, 1126, 127 N.Y.S.3d 380 [4th Dept. 2020] [internal quotation marks omitted]; see Matter of Aiden T. [Melissa S.], 164 A.D.3d 1663, 1665, 84 N.Y.S.3d 658 [4th Dept. 2018], lv denied 32 N.Y.3d 917, 2019 WL 1285104 [2019]; Matter of Bryan W., 299 A.D.2d 929, 930, 749 N.Y.S.2d 347 [4th Dept. 2002], lv denied 99 N.Y.2d 506, 755 N.Y.S.2d 713, 785 N.E.2d 735 [2003]). 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 A.D.3d 1922, 1923, 97 N.Y.S.3d 924 [4th Dept. 2019], lv denied 34 N.Y.3d 901, 2019 WL 5269441 [2019]; Matter of Dah’Marii G. [Cassandra G.], 156 A.D.3d 1479, 1480, 65 N.Y.S.3d 840 [4th Dept. 2017]; Matter of Xavier O.V. [Sabino V.], 117 A.D.3d 1567, 1567, 985 N.Y.S.2d 810 [4th Dept. 2014], lv denied 24 N.Y.3d 903, 2014 WL 4454959 [2014]).