Opinion
June 24, 1999
Appeal from an order of the Family Court of Albany County (Tobin, J.), entered June 5, 1997, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 10, to adjudicate respondent's child to be neglected.
Gloria Herron Arthur, Albany, for appellant.
Before: MERCURE, J.P., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ.
MEMORANDUM AND ORDER
Respondent is the mother and Lee "RR" is the father of I-Keme "RR", who was adjudicated to be neglected by respondent on the basis of evidence establishing respondent's neglect in providing adequate nutrition and access to medical care for I-Keme, who suffers from several serious medical conditions including, inter alia, cerebral palsy, developmental delays and a serious opthalmological condition requiring vigilant medical supervision and follow-up care. Based on the evidence presented, which detailed petitioner's efforts to assist the parents, Family Court deemed it to be in I-Keme's best interest to, inter alia, place him in foster care for a period of two months to ensure a period of sustained assessment and medical treatment. I-Keme was returned home in September 1997. On this appeal by Lee "RR", his counsel asserts that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and the brief submitted by respondent's counsel, we agree. Accordingly, we affirm Family Court's order and relieve Lee "RR"'s counsel of her assignment (see, e.g., Matter of Kaleb U., 251 A.D.2d 923; see also, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
A separate neglect proceeding brought against Lee "RR" was ultimately dismissed. Although not contained in the order on appeal, Family Court's written decision dated June 2, 1997 references an order of protection against Lee "RR" as a nonparty parent pursuant to Family Court Act § 1054.
MERCURE, J.P., CREW III, YESAWICH JR., SPAIN and CARPINELLO, JJ., concur.
ORDERED that the order is affirmed, without costs, and application to be relieved of assignment granted.