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IN THE MATTER OF WOOD v. BROWN
Appellate Division of the Supreme Court of New York, Second Department.
Feb 14, 2006
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Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly refused to vacate the December 15, 2004, order of protection. The father's voluntary appearance in court on the return date of the mother's petition, his failure to raise an objection at that time to the manner of service, his active participation in the hearing, and his consent to the order of protection, all clearly precluded his subsequent claim that he had not been served with notice of the mother's petition ( see Family Ct Act ยง 167; see also Matter of Borggreen v. Borggreen, 13 AD3d 756, 757; Matter of Fallon v. Fallon, 4 AD3d 426, 427; Matter of Brozzo v. Brozzo, 192 AD2d 878, 879-880).
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