Opinion
13240, 13239, 13238.
10-16-2014
In re ERIC R., Petitioner–Appellant, v. CELENA P., Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
MAZZARELLI, J.P., ACOSTA, DeGRASSE, MANZANET–DANIELS, JJ.
Opinion Order, Family Court, Bronx County (Paul A. Goetz, J.), entered on or about July 15, 2013, which, after a fact-finding hearing, declined to exercise jurisdiction over the visitation petition, and stayed dismissal of the petition on condition, inter alia, that petitioner-appellant commence a visitation proceeding in Ohio, unanimously affirmed, without costs. Appeal from order, same court and Judge, entered on or about September 6, 2013, dismissing the aforementioned petition upon the appellant's default, unanimously dismissed, without costs, as taken from a nonappealable order. Appeal from order, same court and Judge, entered on or about March 12, 2013, which denied the motion to dismiss the aforementioned petition pending the factfinding hearing, unanimously dismissed, without costs, as not appealable as of right (Family Ct. Act § 1112 ), and as academic.
Application by petitioner-appellant'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 [1976] ). We have reviewed this record and agree with petitioner-appellant's assigned counsel that there are no nonfrivolous issues which could be raised on this appeal. The Family Court did not abuse its discretion in determining that it would decline jurisdiction on the grounds that Ohio is the more appropriate forum to decide whether petitioner should have visitation with the subject children. The record demonstrates, among other things, that appellant has had virtually no contact with the children since September 2008, over three years before the children and their mother moved to Ohio, and that the evidence as to the children's care, well-being, and personal relationships is more readily available in that state (see Matter of McCarthy v. Brittingham–Bank, 117 A.D.3d 1060, 1060–1061, 986 N.Y.S.2d 614 [2d Dept.2014] ; see DRL § 76–f [1] ).