Opinion
CAF 03-00802.
Decided March 19, 2004.
Appeal from an order of the Family Court, Oswego County (David J. Roman, J.), entered October 7, 2002. The order granted the petition and approved the execution of a judicial surrender committing the guardianship and custody of respondent's son to petitioner for the purpose of adoption.
LINDA M. CAMPBELL, SYRACUSE, FOR RESPONDENT-APPELLANT.
SEITER, CARACCIOLI ASSOCIATES, MEXICO (KATHRYN G. WOLFE OF COUNSEL), FOR PETITIONER-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: Respondent, who surrendered her two children for adoption upon the execution of judicial surrenders, appeals from two ex parte orders separately approving those surrenders. However, "no appeal lies from an order entered ex parte" ( Matter of Heitler v. Glucksman, 309 A.D.2d 866, 867), and thus we dismiss these appeals ( cf. Matter of Lester MM., 238 A.D.2d 627; Matter of Amanda B., 206 A.D.2d 636). Respondent's remedy is an action or proceeding "brought on the ground of fraud, duress or coercion in the execution or inducement of [the] surrender[s]" (Social Services Law § 383-c[d]). In any event, contrary to respondent's contention, the record establishes that the surrenders were voluntary.