Opinion
2016–03108 Docket Nos. N–16227–15 N–16229–15
03-21-2018
In the MATTER OF PIPER S. (Anonymous). Westchester County Department of Social Services, respondent, v. Victoria S. (Anonymous), et al., appellants.
William Martin, White Plains, NY, for appellant Victoria S. Stephen Kolnik, Yonkers, NY, for appellant Santiago S., and appellant Santiago S. pro se. John M. Nonna, County Attorney, White Plains, N.Y. (James Castro–Blanco and Linda M. Trentacoste of counsel), for respondent. Jo–Ann Cambareri, White Plains, NY, attorney for the child.
William Martin, White Plains, NY, for appellant Victoria S.
Stephen Kolnik, Yonkers, NY, for appellant Santiago S., and appellant Santiago S. pro se.
John M. Nonna, County Attorney, White Plains, N.Y. (James Castro–Blanco and Linda M. Trentacoste of counsel), for respondent.
Jo–Ann Cambareri, White Plains, NY, attorney for the child.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDERAppeals from an order of the Family Court, Westchester County (Arlene E. Katz, J.), dated April 1, 2016. The order granted the petitioner's application pursuant to Family Court Act § 1027 to temporarily remove the subject child from the parents' custody and place the child in the custody of the paternal grandmother pending the outcome of the neglect proceeding. Assigned counsel for the father has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 ), in which he moves for leave to withdraw as counsel for the father.
ORDERED that the appeals are dismissed as academic, without costs or disbursements; and it is further,
ORDERED that counsel's application to be relieved of the assignment to prosecute the appeal by the father is denied as academic.
The order dated April 1, 2016, which granted the petitioner's application pursuant to Family Court Act § 1027 to temporarily remove the subject child from the parents' custody and place the child in the custody of the paternal grandmother, has been superseded by a subsequent order of fact-finding and disposition entered September 1, 2017. Accordingly, the appeals by the mother and the father from the order dated April 1, 2016, must be dismissed as academic (see Matter of Bruce P., 138 A.D.3d 864, 864, 29 N.Y.S.3d 536 ; Matter of Julian S. [Patricia L.], 121 A.D.3d 796, 797–798, 994 N.Y.S.2d 164 ; Matter of Anthony C. [Juan C.], 99 A.D.3d 798, 799, 951 N.Y.S.2d 884 ; Matter of Araynnah B. [Moshammett R.], 71 A.D.3d 881, 881, 895 N.Y.S.2d 834 ).
We therefore deny, as academic, the application of the father's counsel to be relieved of the assignment to prosecute the father's appeal from the order dated April 1, 2016 (see Matter ofKaci C. [John C.], 136 A.D.3d 674, 674–675, 23 N.Y.S.3d 909 ; Matter ofMcMillian v. Rizzo, 65 A.D.3d 689, 689, 883 N.Y.S.2d 915 ).
AUSTIN, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.