Opinion
2019–09069, 2019–09071 Docket No. V–9609–17/18F
05-27-2020
In the Matter of SHU JIAO ZHAO, Appellant, v. WEI RONG, Respondent.
Richard Cardinale, Brooklyn, NY, for appellant. Lewis S. Calderon, Jamaica, NY, for respondent. Janet L. Brown, Jamaica, NY, attorney for the child.
Richard Cardinale, Brooklyn, NY, for appellant.
Lewis S. Calderon, Jamaica, NY, for respondent.
Janet L. Brown, Jamaica, NY, attorney for the child.
JOHN M. LEVENTHAL, J.P., HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the appeals are dismissed, without costs or disbursements.
The appeal from the order modifying the mother's parental access with the parties' child must be dismissed, because the record establishes that the order was entered on the mother's consent. No appeal lies from an order entered on the consent of the appealing party, since a party who consents to an order is not aggrieved thereby (see CPLR 5511 ; Matter of Hopkins v. Hopkins , 178 A.D.3d 1045, 112 N.Y.S.3d 569 ; Matter of Nakas v. Nakas , 159 A.D.3d 908, 910, 72 N.Y.S.3d 553 ; Matter of Richardson v. Gary , 73 A.D.3d 931, 899 N.Y.S.2d 865 ).
The appeal from the order granting the father permission to apply for a passport for the child also must be dismissed, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, and leave to appeal has not been granted (see Family Ct. Act § 1112[a] ; Matter of Veen v. Golovanoff , 169 A.D.3d 804, 805, 94 N.Y.S.3d 137 ; Matter of Porter v. Burgey , 266 A.D.2d 552, 698 N.Y.S.2d 903 ; Matter of Trentacoste v. Trentacoste , 198 A.D.2d 284, 604 N.Y.S.2d 817 ).
LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.