Tariq S. v. Ashlee B., 1040

Decision Date15 November 2019
Docket NumberCAF 18–00062,1040
Citation177 A.D.3d 1385,110 N.Y.S.3d 611 (Mem)
Parties In the Matter of TARIQ S., Petitioner–Respondent, v. ASHLEE B., Respondent–Appellant. In the Matter of Nabil A.A., Petitioner–Respondent, v. Ashlee B., Respondent–Appellant.
CourtNew York Supreme Court — Appellate Division

CHARLES J. GREENBERG, AMHERST, FOR RESPONDENTAPPELLANT.

DEBORAH J. SCINTA, ORCHARD PARK, ATTORNEY FOR THE CHILD.

PRESENT: CENTRA, J.P., CARNI, CURRAN, TROUTMAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

Appeal from an order of the Family Court, Erie County (Brenda Freedman, J.), entered December 1, 2017 in paternity proceedings. The order dismissed the petitions.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner Tariq S. filed a petition seeking to vacate his acknowledgment of paternity with respect to the subject child pursuant to Family Court Act § 516–a (b). Petitioner Nabil A.A. thereafter filed a petition seeking to establish his paternity of the child, and the Attorney for the Child (AFC) moved to dismiss the petitions based on principles of equitable estoppel (see § 418[a] ). Family Court determined, after a hearing, that it was not in the best interests of the child to order genetic marker testing to determine the child's paternity and dismissed the petitions. Respondent mother appeals.

We conclude that the mother's appeal must be dismissed inasmuch as she is not an aggrieved party (see CPLR 5511 ). A party is aggrieved "when he or she asks for relief but that relief is denied in whole or in part ... [or] when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part" ( Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132 [2d Dept. 2010] [emphasis and footnotes omitted]; see Benedetti v. Erie County Med. Ctr. Corp., 126 A.D.3d 1322, 1323, 5 N.Y.S.3d 746 [4th Dept. 2015] ). Here, the mother did not seek any relief herself, and the AFC's motion to dismiss the petitions did not seek any relief against her (see Mahmood v. Gutman, 81 A.D.3d 792, 792, 916 N.Y.S.2d 802 [2d Dept. 2011] ). The mother did not join in the petitions that were dismissed by the court, nor did she file a petition of her own seeking to vacate the acknowledgment of paternity signed by Tariq S. or to establish the paternity of Nabil A.A. (cf. Matter of Jennifer L. v. Gerald S., 145 A.D.3d 1581, 1582, 46 N.Y.S.3d 310 [4th Dept. 2016], lv dismissed 29 N.Y.3d 942, 51 N.Y.S.3d 490, 73 N.E.3d 846 [2017] ). Moreover, neither petitioner appealed from the order, which left the mother's rights unchanged (see generally Matter of DeLong, 89 A.D.2d 368, 369–370, 455 N.Y.S.2d 896 [4th Dept. 1982], lv denied ...

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  • Kavanaugh v. Kavanaugh
    • United States
    • New York Supreme Court — Appellate Division
    • 23 Diciembre 2021
    ... ... 1982], lv denied 58 N.Y.2d 606, 460 N.Y.S.2d 1025, 447 N.E.2d 85 [1983] ; see Matter of Tariq S. v. Ashlee B. , 177 A.D.3d 1385, 1386, 110 N.Y.S.3d 611 [4th Dept. 2019] ). Rather, to qualify as ... v. Stewart , 833 A.2d 961, 974 [Del. Ch. Ct. 2003], affd 845 A.2d 1040 [Del. 2004] ; 161 N.Y.S.3d 564 Behlow v. Fischer , 102 Cal. 208, 214, 36 P. 509, 510 [1894] ), the ... ...
  • Kavanaugh v. Kavanaugh
    • United States
    • New York Supreme Court
    • 23 Diciembre 2021
    ... ... 1982], lv denied 58 N.Y.2d 606 [1983]; see ... Matter of Tariq S. v Ashlee B., 177 A.D.3d 1385, 1386 ... [4th Dept 2019]). Rather, to qualify as a party ... Inc. v Stewart, 833 A.2d 961, 974 [Del Ch Ct 2003], affd ... 845 A.2d 1040 [Del 2004]; Behlow v Fischer, 102 Cal ... 208, 214, 36 P 509, 510 [1894]), the fact that CBI ... ...
  • Johnson v. Johnson
    • United States
    • New York Supreme Court — Appellate Division
    • 7 Octubre 2022
    ... ... orders inasmuch as they dismissed the father's petitions ... (see CPLR 5511; Matter of Tariq S. v Ashlee ... B., 177 A.D.3d 1385, 1385 [4th Dept 2019]; ... Saunders, 75 A.D.3d at 1173) ... ...
  • Johnson v. Johnson
    • United States
    • New York Supreme Court — Appellate Division
    • 7 Octubre 2022
    ... ... by the orders inasmuch as they dismissed the father's petitions (see CPLR 5511 ; Matter of Tariq S. v. Ashlee B. , 177 A.D.3d 1385, 1385, 110 N.Y.S.3d 611 [4th Dept. 2019] ; Saunders , 75 A.D.3d ... ...
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