Opinion
July 15, 1999
Appeal from an order of the Family Court of Chemung County (Danaher Jr., J.), entered April 9, 1996, which, inter alia, denied respondent's application, in a proceeding pursuant to Family Court Act article 6, to modify the terms of custody of the parties' child.
Judy Valek, Endicott, for appellant.
Before: CARDONA, P.J., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ.
MEMORANDUM AND ORDER
Following a hearing concerning various custody, visitation and family offense petitions and cross petitions, Family Court,inter alia, denied respondent's application seeking a change in custody of the parties' child from petitioner to himself and, further, placed restrictions on respondent's visitation rights pending a satisfactory home study of his living arrangements. On appeal, respondent's assigned counsel seeks to be relieved of her assignment on the ground that no nonfrivolous appealable issues exist. Upon review of the record, the brief submitted by respondent's counsel and respondent's pro se submission, we agree. Accordingly, counsel for respondent is relieved of her assignment (see generally, People v. Cruwys, 113 A.D.2d 979, 980, lv denied 67 N.Y.2d 650; see also, Matter of Amber EE., 245 A.D.2d 895).
ORDERED that the order is affirmed, without costs, and application to be relieved of assignment granted.