Opinion
10188
10-24-2019
In re JESSICA M., Petitioner–Respondent, v. Julio G.R., Respondent–Appellant.
The Law Offices of Salihah R. Denman, PLLC, Harrison (Salihah R. Denman of counsel), for appellant. Leslie S. Lowenstein, Woodmere, for respondent. The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the child.
The Law Offices of Salihah R. Denman, PLLC, Harrison (Salihah R. Denman of counsel), for appellant.
Leslie S. Lowenstein, Woodmere, for respondent.
The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the child.
Friedman, J.P., Kapnick, Oing, Singh, JJ.
Appeal from order, Family Court, Bronx County (Referee Karen M.C. Cortes), entered on or about March 26, 2018, upon consent, which awarded petitioner sole legal and physical custody of the subject child, and directed that respondent have visitation with the child upon the child's request, unanimously dismissed, without costs, as taken by a nonaggrieved party.
The record reflects that respondent consented to the order, and therefore, it is not appealable since he is not an "aggrieved party" within the meaning of CPLR 5511 (see Matter of Gabrielle N.N. [Jacqueline N.T.] , 171 A.D.3d 671, 672, 101 N.Y.S.3d 44 [1st Dept. 2019] ;Matter of Kaylin P. [Derval S.] , 170 A.D.3d 592, 94 N.Y.S.3d 848 [1st Dept. 2019] ). Although respondent maintains that his consent was not knowingly or voluntarily given, his remedy is to move to vacate or resettle the order in Family Court (see Matter of Rinaldi v. Faiella , 172 A.D.3d 871, 97 N.Y.S.3d 879 [2d Dept. 2019] ; Matter of Rumpel v. Powell, 129 A.D.3d 1344, 1345, 14 N.Y.S.3d 167 [3d Dept. 2015] ).
We have considered respondent's remaining arguments and find them unavailing.