IN RE: BIANCA M. and Another (2008)

Appeal from an amended order of the Family Court of Saratoga County (Hall, J.), entered May 15, 2007, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 10, to adjudicate respondent's children to be abused, and entered an amended order of protection.

In March 2005, petitioner commenced this proceeding alleging that respondent had abused and neglected his two children, Bianca (born in 1995) and Brianna (born in 2001).   Respondent thereafter consented, in open court, to a finding that he abused Bianca and derivatively abused Brianna and, at the dispositional phase of the hearing, stipulated to the terms of a dispositional order and order of protection.   Family Court subsequently entered a fact-finding and dispositional order adjudicating Bianca to be abused and Brianna to be derivatively abused and directing respondent to comply with the order of protection.   Upon respondent's request, Family Court amended certain language contained in the order of disposition and order of protection.   Respondent now appeals.

 Respondent first challenges the terms of the order of disposition and order of protection.   Since he consented to the terms of those orders, respondent is not aggrieved and therefore has no right to appeal such terms (see Matter of Fantasia Y., 45 A.D.3d 1215, 1216, 846 N.Y.S.2d 474 [2007];  Matter of Dawn N., 4 A.D.3d 634, 635, 771 N.Y.S.2d 738 [2004], lv. dismissed 2 N.Y.3d 786, 780 N.Y.S.2d 308, 812 N.E.2d 1258 [2004];  Matter of John F., 228 A.D.2d 812, 813, 643 N.Y.S.2d 758 [1996] ).   Respondent also asserts that the dispositional order was defective because it did not contain the warnings required by Family Ct. Act § 1052(c).  There being no indication that any extension of that order was sought or granted, it has expired, rendering this portion of respondent's appeal moot (see Matter of Curtis N., 302 A.D.2d 803, 803, 755 N.Y.S.2d 505 [2003], lv. dismissed 100 N.Y.2d 535, 762 N.Y.S.2d 876, 793 N.E.2d 413 [2003];  Matter of Stephani FF., 296 A.D.2d 606, 607-608, 744 N.Y.S.2d 722 [2002] ).   In any event, this technical deficiency in the order was harmless given the absence of any prejudice to respondent as a result of such omission (see Matter of Stephani F.F., 296 A.D.2d at 607, 744 N.Y.S.2d 722;  see also Matter of Latifah C., 34 A.D.3d 798, 800, 826 N.Y.S.2d 333 [2006] ).   Lastly, respondent's argument that the order of disposition and order of protection are rendered void due to the delay between Family Court's oral decision and the filing of those orders (see Family Ct. Act § 217[3];  22 NYCRR § 205.15) is both unpreserved and unpersuasive (see Matter of Adams H., 28 A.D.3d 213, 214, 812 N.Y.S.2d 80 [2006];  Matter of Kim Shantae M., 221 A.D.2d 199, 199, 633 N.Y.S.2d 151 [1995];  see also Matter of Frederick Y., 199 A.D.2d 887, 888, 606 N.Y.S.2d 351 [1993] ).

ORDERED that the amended order is affirmed, without costs.

PETERS, J.P.

ROSE, LAHTINEN, KAVANAGH and STEIN, JJ., concur.