Matter of Francis v Francis

Matter of Matter of Francis v Francis 2011 NY Slip Op 09323 Decided on December 20, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2010-08505
(Docket No. O-05888-09)

[*1]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. Geanine Towers, Brooklyn, N.Y., attorney for the child.




DECISION & ORDER

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 AD3d 880; Matter of Brian R., 48 AD3d 576, 577; Matter of Gittens v Chin-On, 19 AD3d 596). 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 AD3d 986, 986-987; cf. Matter of London v Blazer, 2 AD3d 860, 860-861).
ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court