Opinion
9465 9466
05-30-2019
In re ROLANDO A.G., Petitioner–Appellant, v. MARISOL R.M., Respondent–Respondent.
Larry S. Bachner, New York, for appellant. Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Larry S. Bachner, New York, for appellant.
Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Friedman, J.P., Gische, Webber, Gesmer, Moulton, JJ.
Appeal from order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about August 2, 2017, which denied petitioner father's petition to suspend respondent mother's overnight and unsupervised visits with the subject child, unanimously dismissed, without costs, as moot.
Application by the father's assigned counsel to withdraw as counsel is granted ( 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 this appeal. The interim order is not appealable as of right, as it was issued in an Article 6 proceeding, and the father did not seek leave to appeal. Furthermore, the interim order is moot since it was superceded by a subsequent order granting the mother overnight visits and the father has not alleged any further incidents of inadequate care of the child (see Matterof Jadalynn N. [Louis N.], 147 A.D.3d 636, 46 N.Y.S.3d 873 [1st Dept. 2017] ).