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MATTER OF KENISHA T. ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; EDMOND S. T., SR., RESPONDENT-APPELLANT.

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.

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MATTER OF KENISHA T
(Dec 30, 1999)