Matter of Rinaldi v. Faiella

May 8, 2019
2018-07039
Versions:172 A.D.3d 871
97 N.Y.S.3d 879
2019 NY Slip Op 3600
2019 NY Slip Op 03600

Johnson & Cohen, LLP, White Plains, NY (Mitchell Y. Cohen of counsel), for appellant.

Rosenstrach & Beaver, LLP, Mamaroneck, NY (Thea S. Beaver of counsel), attorney for the children.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Westchester County (Nilda Morales-Horowitz, J.), dated May 25, 2018. The order, upon consent of the parties, modified the parties’ prior custody and parental access agreements.

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

Where, as here, an order recites that it is made on consent, it is not appealable, since a party who consents to an order is not aggrieved thereby (see CPLR 5511; Elsayed v Edrees, 141 AD3d 503, 504; Matter of Gittens v Chin-On, 19 AD3d 596). To the extent that the mother contends that she did not consent to the order, her remedy is to move in the Family Court to vacate or resettle the order (see Elsayed v Edrees, 141 AD3d at 504; Matter of Reilly v Reilly, 49 AD3d 883-884).

The mother‘s remaining contentions are not properly before this Court.

RIVERA, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court