Opinion
15897 Dkt. Nos. G-01926-21, G-01927-21 Case Nos. 2021-01481, 2021-01499
05-10-2022
In the Matter of ROSLYN J., Petitioner-Appellant, v. CHARISE J. (deceased), Administration for Children's Services, Respondent-Respondent.
The Law Offices of Salihah R. Denman, PLLC, New York (Salihah R. Denman of counsel), for appellant. Jay A. Maller, New York, attorney for the child.
The Law Offices of Salihah R. Denman, PLLC, New York (Salihah R. Denman of counsel), for appellant.
Jay A. Maller, New York, attorney for the child.
Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.
Appeal from order, Family Court, Bronx County (Keith E. Brown, J.), entered on or about March 23, 2021, which sua sponte dismissed the petition for guardianship of the subject children, unanimously dismissed, without costs.
Application by petitioner's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967] ; People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 [1st Dept. 1976] ). The order appealed from was issued sua sponte, not on a motion made on notice, and therefore is not appealable as of right ( CPLR 5701[a][3] ; Unanue v. Rennert, 39 A.D.3d 289, 290, 831 N.Y.S.2d 904 [1st Dept. 2007] ). Moreover, a review of the limited record indicates that there are no nonfrivolous issues which could be raised on appeal, since the petition for guardianship was properly dismissed as the children had been placed in the care and custody of the Commissioner of Social Services for the purpose of adoption before the petition was filed (see Matter of Carmen P. v. Administration for Children's Servs., 149 A.D.3d 577, 577, 50 N.Y.S.3d 275 [1st Dept. 2017] ; Matter of Arnetta S. v. Commissioner of Social Servs. of City of N.Y., 186 A.D.2d 519, 519, 589 N.Y.S.2d 327 [1st Dept. 1992] ).