Rodney A.R. v. Govana R.

177 A.D.3d 888

110 N.Y.S.3d 561 (Mem)

In the Matter of RODNEY A.R. (Anonymous), Appellant,

v.GOVANA R. (Anonymous), Respondent.

2018–10434

Docket No. P–2593–18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—October 7, 2019

November 20, 2019

Anne B. Letterio, Beacon, NY, for appellant.

Legal Services of the Hudson Valley, Newburgh, N.Y. (Kassandra D. Brescia of counsel), for respondent.

Ronna L. DeLoe, Larchmont, NY, attorney for the child.

MARK C. DILLON, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act § 516–a to vacate an acknowledgment of paternity, the petitioner appeals from an order of the Family Court, Orange County (Christine P. Krahulik, J.), entered August 6, 2018. The order, upon the petitioner's consent, dismissed the petition.

ORDERED that the appeal is dismissed, without costs or disbursements.

In June 2011, two days after the birth of the subject child, the petitioner executed an acknowledgment of paternity. In June 2018, he petitioned to vacate his acknowledgment of paternity. By order entered August 6, 2018, the Family Court, upon the petitioner's consent, dismissed the petition to vacate the acknowledgment of paternity. The petitioner appeals.

The petitioner is not aggrieved by the order entered August 6, 2018, as it was entered upon his consent (see CPLR 5511 ; Matter of Schiavone v. Mannese , 169 A.D.3d 1052, 1053, 92 N.Y.S.3d 916 ; Matter of O'Sullivan v. Schebilski , 138 A.D.3d 1170, 1172, 30 N.Y.S.3d 351 ). Accordingly, the appeal must be dismissed. To the extent that the petitioner contends on appeal that he did not consent to the dismissal of his petition, his remedy is to move in the Family Court to vacate or resettle the order (see Elsayed v. Edrees, 141 A.D.3d 503, 504, 35 N.Y.S.3d 411 ; Matter of Strang v. Rathbone , 108 A.D.3d 565, 565, 968 N.Y.S.2d 572 ; Matter of Polyak v. Toyber , 2 A.D.3d 642, 642–643, 768 N.Y.S.2d 349 ).

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.