Opinion
2017–12689 Index No. 3075/17
01-23-2019
In the Matter of SUNG B.P. (Anonymous), Respondent; v. SOONA PARK (Anonymous), Appellant.
Law Offices of Black & Black, PLLC, Huntington, N.Y. (Bronwyn M. Black of counsel), for appellant. Law Office of Therese Connors Ebarb, PLLC, Hauppauge, NY, for respondent.
Law Offices of Black & Black, PLLC, Huntington, N.Y. (Bronwyn M. Black of counsel), for appellant.
Law Office of Therese Connors Ebarb, PLLC, Hauppauge, NY, for respondent.
LEONARD B. AUSTIN, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the appeal is dismissed, with costs.
This proceeding pursuant to Mental Hygiene Law article 81 was dismissed by an order made upon the petitioner's oral application to withdraw the petition. "No appeal lies from an order or judgment entered upon the consent of the appealing party, since a party who consents to an order or judgment is not aggrieved thereby" ( Matter of Harry Y., 62 A.D.3d 892, 894, 880 N.Y.S.2d 662 ; see CPLR 5511 ; Matter of Shteierman v. Shteierman, 29 A.D.3d 810, 815 N.Y.S.2d 224 ; Matter of Fotiades, 6 A.D.3d 612, 774 N.Y.S.2d 820 ). The petitioner is not aggrieved by the order, and therefore, has no right to appeal from the order. Contrary to the petitioner's contentions, the order did not exceed or differ from her application to withdraw the petition (cf. Adams v. Genie Indus., Inc., 14 N.Y.3d 535, 541, 903 N.Y.S.2d 318, 929 N.E.2d 380 ; Silber v. Silber, 204 A.D.2d 527, 528, 611 N.Y.S.2d 302 ). Therefore, the appeal must be dismissed.
AUSTIN, J.P., HINDS–RADIX, MALTESE and CHRISTOPHER, JJ., concur.