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In the Matter of Dale K

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2004
5 A.D.3d 1039 (N.Y. App. Div. 2004)

Opinion

CAF 03-00802.

Decided March 19, 2004.

Appeal from an order of the Family Court, Oswego County (David J. Roman, J.), entered October 7, 2002. The order granted the petition and approved the execution of a judicial surrender committing the guardianship and custody of respondent's son to petitioner for the purpose of adoption.

LINDA M. CAMPBELL, SYRACUSE, FOR RESPONDENT-APPELLANT.

SEITER, CARACCIOLI ASSOCIATES, MEXICO (KATHRYN G. WOLFE OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Respondent, who surrendered her two children for adoption upon the execution of judicial surrenders, appeals from two ex parte orders separately approving those surrenders. However, "no appeal lies from an order entered ex parte" ( Matter of Heitler v. Glucksman, 309 A.D.2d 866, 867), and thus we dismiss these appeals ( cf. Matter of Lester MM., 238 A.D.2d 627; Matter of Amanda B., 206 A.D.2d 636). Respondent's remedy is an action or proceeding "brought on the ground of fraud, duress or coercion in the execution or inducement of [the] surrender[s]" (Social Services Law § 383-c[d]). In any event, contrary to respondent's contention, the record establishes that the surrenders were voluntary.


Summaries of

In the Matter of Dale K

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2004
5 A.D.3d 1039 (N.Y. App. Div. 2004)
Case details for

In the Matter of Dale K

Case Details

Full title:MATTER OF DALE K., II. OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 19, 2004

Citations

5 A.D.3d 1039 (N.Y. App. Div. 2004)
773 N.Y.S.2d 703

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