Opinion
12643 Dkt. No. V-11421/19 Case No. 2020-01536
12-15-2020
In re MICHEL B., Petitioner–Appellant, v. ADMINISTRATION FOR CHILDREN'S SERVICES, et al., Respondents–Respondents.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Claibourne Henry of counsel), for respondents.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Claibourne Henry of counsel), for respondents.
Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.
Appeal from order, Family Court, New York County (Jane Pearl, J.), entered on or about January 21, 2020, which dismissed the petition for custody of the subject child for lack of standing, unanimously affirmed, 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] ). A review of the record demonstrates that there are no nonfrivolous issues which could be raised on appeal. Family Court properly dismissed the custody petition for lack of standing, as the child had already been freed for adoption, and his custody and guardianship awarded to respondent agency (see e.g. Matter of Carmen P. v. Administration for Children's Servs., 149 A.D.3d 577, 50 N.Y.S.3d 275 [1st Dept. 2017] ). Furthermore, the 13–year–old child expressed that he wished to be adopted by his long-term foster parent, not petitioner, which was entitled to great weight given his age (see Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept. 2014] ).