Marc D. v. Fulton County Department of Social Services

Appeal from a decision of the Family Court of Fulton County (DeSantis, J.), dated April 22, 2009, which, in a proceeding pursuant to Family Ct Act article 10, denied petitioner’s motion to reopen/vacate two prior orders of the court.

In June 2007, petitioner consented to a finding of neglect and the entry of a stay away order of protection in favor of Maria C., the minor child of his then girlfriend. A subsequent violation proceeding was adjourned in contemplation of dismissal with petitioner specifically waiving any right to modify or seek expungement of the underlying order of protection.…