Opinion
2012-11-8
In the Matter of PAMELA N., Appellant, v. NEIL N., Respondent.
Cynthia Feathers, Glens Falls, for appellant. David P. Dylis, Ballston Spa, attorney for the children.
Cynthia Feathers, Glens Falls, for appellant. David P. Dylis, Ballston Spa, attorney for the children.
Appeal from an order of the Family Court of Saratoga County (Jensen, J.), entered January 30, 2012, which dismissed petitioner's application, in a proceeding pursuant to Family Ct. Act article 6, to modify a prior order of custody.
Petitioner commenced this proceeding seeking modification of a 2010 custody order that granted respondent sole custody of the parties' two children (born in 2005). Family Court dismissed the petition upon learning that a divorce action was pending in Supreme Court, which had been commenced prior to the instant proceeding, and issues of custody had been raised therein. Petitioner appeals.
Petitioner's counsel seeks to be relieved of her assignment on the ground that there are no nonfrivolous issues to be raised on appeal ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967];Matter of William XX. v. Broome County Dept. of Social Servs., 11 A.D.3d 735, 783 N.Y.S.2d 119 [2004] ). Upon our review of the record, we agree. Accordingly, counsel's application to be relieved of her assignment is granted.
ORDERED that the order is affirmed, without costs, and application to be relieved of assignment granted.