Opinion
13508 Dkt. No. P-18506/18 Case No. 2019-5265
04-06-2021
In the Matter of EDWIN P., Petitioner–Appellant, v. JENNY L.B., Respondent–Respondent.
Daniel R. Katz, New York, for appellant. Geoffrey P. Berman, Larchmont, for respondent. Leslie S. Lowenstein, Woodmere, attorney for the child.
Daniel R. Katz, New York, for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Leslie S. Lowenstein, Woodmere, attorney for the child.
Gische, J.P., Kapnick, Oing, Moulton, JJ.
Appeal from order, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about May 22, 2019, which denied petitioner's oral application to change the subject child's surname, unanimously dismissed, without costs, as taken from a nonappealable order.
After the paternity petition was granted on consent, petitioner made an oral application to have the last name of the child changed to his last name. The court declined to consider the application because it lacked jurisdiction under Civil Rights Law article 6 (see Matter of Bell v. Bell, 116 A.D.2d 97, 99, 500 N.Y.S.2d 387 [3d Dept. 1986] ). No appeal lies from that order, since it did not decide a motion made on notice, which would have provided the mother and the attorney for the child with an opportunity to respond and submit evidence concerning whether granting the application would be in the child's best interest (see CPLR 5701[a][2] ; Sholes v. Meagher, 100 N.Y.2d 333, 763 N.Y.S.2d 522, 794 N.E.2d 664 [2003] ; Chi Young Lee v. Osorio, 184 A.D.3d 417, 418, 123 N.Y.S.3d 494 [1st Dept. 2020] ).