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In re Kensington R.

Supreme Court of New York, Appellate Division, First Department
Sep 30, 2021
No. 2021-05180 (N.Y. App. Div. Sep. 30, 2021)

Opinion

2021-05180 NN-09538/20

09-30-2021

In the Matter of Kensington R., A Child Under Eighteen Years of Age, etc., Julie R., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent. Appeal No. 14238 No. 2020-03984

Larry S. Bachner, New York, for appellant. Georgia M. Pestana, Corporation Counsel, New York (Jessica Miller of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.


Larry S. Bachner, New York, for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Jessica Miller of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.

Before: Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

Appeal from order, Family Court, Bronx County (Keith E. Brown, J.), entered on or about September 18, 2020, which temporarily remanded the subject child into nonkinship foster care and granted supervised visitation, unanimously dismissed, without costs, as academic.

Application by the mother's assigned counsel to withdraw as counsel is granted (see Anders v California, 386 U.S. 738 [1967]; People v Saunders, 52 A.D.2d 833 [1st Dept 1976]). We have reviewed the record and agree with assigned counsel that there are no nonfrivolous issues which could be raised on the appeal from this temporary remand order. Moreover, the Family Court's order has been superseded by its subsequent permanency order dated June 22, 2021, which, after a hearing, continued remand of the subject child, rendering the appeal from the temporary remand order academic (see Matter of Crystal G. v Marquis E., 170 A.D.3d 557 [1st Dept 2019]). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Kensington R.

Supreme Court of New York, Appellate Division, First Department
Sep 30, 2021
No. 2021-05180 (N.Y. App. Div. Sep. 30, 2021)
Case details for

In re Kensington R.

Case Details

Full title:In the Matter of Kensington R., A Child Under Eighteen Years of Age, etc.…

Court:Supreme Court of New York, Appellate Division, First Department

Date published: Sep 30, 2021

Citations

No. 2021-05180 (N.Y. App. Div. Sep. 30, 2021)