Opinion
December 30, 1999
Appeal from Order of Oneida County Family Court, Cook, J. — Dismiss Pleading.
Order unanimously affirmed without costs.
PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND BALIO, JJ.
Memorandum:
Family Court properly dismissed the petition of respondent seeking to vacate an order finding him guilty of abusing his stepdaughter ( see, Family Ct Act § 1012[e][iii]). In support of the petition, respondent contended that the court lacked jurisdiction to issue the order on the ground that, as the child's stepfather, he was not a proper respondent. That contention does not provide a basis for vacatur of the order ( see, Family Ct Act § 1061; cf., Matter of Chendo O., 193 A.D.2d 1083, 1084); respondent's remedy was to have taken a timely appeal from that order ( see, Family Ct Act § 1112[a]; § 1113). In any event, respondent's contention lacks merit ( see, Family Ct Act § 1012[a]). We have reviewed respondent's remaining contentions and conclude that they are without merit.