Opinion
2000-09973
Submitted March 19, 2002.
April 15, 2002.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Queens County (Seiden, R.), dated April 13, 2000, as, upon his consent, granted custody of the subject child to the maternal grandmother.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.
Susan Gerner, Brooklyn, N.Y., Law Guardian for the child.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
ORDERED that the appeal is dismissed, without costs or disbursements.
During the custody hearing, the father consented to the maternal grandmother's petition for sole custody. No appeal lies from an order entered upon consent of the appealing party, since a party who consents to an order is not aggrieved thereby (see CPLR 5511; Matter of Garcia v. Carballo, 277 A.D.2d 453; Matter of Chiakpo v. Obi, 255 A.D.2d 579; Matter of Charles v. Lewis, 224 A.D.2d 687; Katz v. Katz, 68 A.D.2d 536).
PRUDENTI, P.J., FEUERSTEIN, FRIEDMANN and H. MILLER, JJ., concur.