Opinion
2018–06024 Docket No. V–9514–17
07-10-2019
In the Matter of David PARSONS, Respondent, v. Kristin KAPP, Appellant.
Thomas J. Butler, Melville, NY, for appellant. Jordan M. Freundlich, Lake Success, NY, attorney for the child (no brief filed).
Thomas J. Butler, Melville, NY, for appellant.
Jordan M. Freundlich, Lake Success, NY, attorney for the child (no brief filed).
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, JJ.
DECISION & ORDER ON MOTION ORDERED that the motion of Thomas J. Butler for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,
ORDERED that Glenn Gucciardo, 256 Main Street, Suite 206, Northport, NY, 11768, is assigned as counsel to prosecute the appeal; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion, and the respondent and the attorney for the child shall serve and file their briefs within 30 days after the brief on behalf of the appellant is served and filed. By order on certification of this Court dated July 16, 2018, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties. The parties and the attorney for the child are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9 [a][4]; [c][1] ).
Upon this Court's independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the Family Court's custody determination was supported by a sound and substantial basis in the record, in particular, regarding the relative fitness of the parents (see Altieri v. Altieri, 156 A.D.3d 667, 668–669, 66 N.Y.S.3d 323 ; Matter of Islam v. Lee, 115 A.D.3d 952, 953, 982 N.Y.S.2d 772, quoting Matter of Miguel R. v. Maria N., 104 A.D.3d 771, 772, 960 N.Y.S.2d 489 ; Matter of Chery v. Richardson, 88 A.D.3d 788, 788, 930 N.Y.S.2d 663 ; see generally Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). Since the mother is entitled to the single-minded advocacy of appellate counsel, assignment of new counsel to prosecute the appeal is warranted (see Matter of Lopez v. Prudencio, 164 A.D.3d 1447, 83 N.Y.S.3d 223 ; Matter of Nava v. Kinsler, 78 A.D.3d 837, 912 N.Y.S.2d 228 ).
CHAMBERS, J.P., ROMAN, HINDS–RADIX and LASALLE, JJ., concur.