Opinion
2002-06499.
Decided March 22, 2004.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Westchester County (Cooney, J.), dated July 2, 2002, which dismissed the petition for lack of jurisdiction. Assigned counsel has submitted a brief in accordance with Anders v. California ( 386 U.S. 738) in which he moves to be relieved of the assignment to prosecute the appeal.
Andrew W. Szczesniak, White Plains, N.Y., for appellant.
David M. Rosoff, Esq., Harrison, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the motion is granted, Andrew W. Szczesniak is relieved as attorney for the appellant, and he is directed to turn over to new counsel assigned herein all papers in his possession; and it is further,
ORDERED that Frank Marocco, Esq., 175 Main Street, White Plains, N.Y. 10601, (845) 940-1880 is assigned as counsel to perfect the appeal; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant on or before May 24, 2004.
A nonfrivolous issue exists on this record as to whether the Family Court erred in concluding that it did not have jurisdiction to entertain the petition ( see Vernon v. Vernon, 100 N.Y.2d 960, 969-971; Corkins v. Corkins, 253 A.D.2d 783). Accordingly, the motion of the petitioner's assigned counsel is granted and new appellate counsel is assigned ( see Matter of Joseph B., 307 A.D.2d 996).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.