Opinion
Submitted May 23, 2000
August 21, 2000.
In a child visitation proceeding pursuant to Family Court Act article 6, the petitioner appeals from (1) a decision of the Family Court, Kings County (Freeman, J.), dated November 25, 1991, and (2) an order of the same court, dated September 17, 1998, which dismissed the petition.
Marva Prescod, Brooklyn, N.Y., for appellant.
Steven C. Bernstein, Brooklyn, N.Y., Law Guardian for the child.
Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court properly dismissed the petition pursuant to Family Court Act § 1085 and Domestic Relations Law § 240(1-c). The constitutional challenges to these statutes are unreviewable as the petitioner failed to give timely notice to allow the Attorney General the opportunity to intervene in these proceedings (see, Executive Law § 71; CPLR 1012; Matter of McGee v. Korman, 70 N.Y.2d 225; Matter of Barrett v. Manton, 253 A.D.2d 503; Matter of Leslie's Jewelry Mfg. Corp. v. Tax Appeals Tribunal of the City of New York, 238 A.D.2d 129).