Opinion
2011-12-20
In the Matter of Lara H. FRANCIS, respondent, v. Michael M. FRANCIS, appellant.
Neal D. Futerfas, White Plains, N.Y., for appellant. Joseph A. Hanshe, P.C., Sayville, N.Y., for respondent.
Neal D. Futerfas, White Plains, N.Y., for appellant. Joseph A. Hanshe, P.C., Sayville, N.Y., for respondent.
Geanine Towers, Brooklyn, N.Y., attorney for the child.
In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Nassau County (Bennett, J.), dated August 4, 2010, which, upon consent, directed him, inter alia, to stay away from the subject child, except for supervised visitation, until November 5, 2010.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order of protection must be dismissed, as no appeal lies from an order entered on the voluntary consent of the appealing party ( see CPLR 5511; Matter of Avizbakiyev v. Shamilova, 71 A.D.3d 880, 895 N.Y.S.2d 835; Matter of Brian R., 48 A.D.3d 576, 577, 852 N.Y.S.2d 235; Matter of Gittens v. Chin–On, 19 A.D.3d 596, 796 N.Y.S.2d 554). In any event, the order of protection has expired by its own terms and, therefore, the appeal is also academic. Further, the issuance of the order of protection did not constitute a permanent and significant stigma which might indirectly affect the appellant's status in potential future proceedings ( see Matter of Nancy C. v. Alison C., 57 A.D.3d 986, 986–987, 871 N.Y.S.2d 255; cf. Matter of London v. Blazer, 2 A.D.3d 860, 860–861, 770 N.Y.S.2d 375).