IN RE: Enasysia Tylesha R. (Anonymous).  St. Vincent's Services (2011)

Submitted—March 28, 2011

DECISION & ORDER

ORDERED that the appeal from so much of the order as terminated the appellant's parental rights and transferred guardianship and custody of the subject child to the petitioner for the purpose of adoption, upon her surrender of her parental rights, is dismissed, without costs or disbursements, on the ground that that portion of the order was entered on consent;  and it is further,

ORDERED that the order is affirmed insofar as reviewed, without costs or disbursements.

The appellant was not aggrieved by the disposition terminating her parental rights to the subject child, since she consented to that disposition.   On her appeal from that order, however, this Court may review the fact-finding determination, inasmuch as that determination was the subject of contest in the Family Court (see Matter of Child Welfare Admin. v Jennifer A., 218 A.D.2d 694, 695;  CPLR 5511).   We have reviewed the record and agree with the mother's assigned counsel that there is no nonfrivolous issue which could be raised on appeal.   Counsel's application for leave to withdraw as counsel is therefore granted (see Anders v. California, 386 U.S. 738;  Matter of Theresa Helen T., 31 AD3d 776;  Matter of Dyshea T., 17 AD3d 685).

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court