IN RE: TRINITY Y. (2023)

Supreme Court, Appellate Division, First Department, New York.

IN RE: TRINITY Y., a Child Under Eighteen Years of Age, etc., Taneisha U., Respondent-Appellant, v. Administration for Children's Services, Petitioner-Respondent.

994-, 994A

Decided: November 14, 2023

Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Larry Bachner, New York, for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), Attorney for the child.

Order, Family Court, New York County (Maria Arias, J.), entered on or about January 11, 2023, which, inter alia, denied respondent's motion to dismiss the underlying petition, unanimously affirmed, without costs. Appeal from that part of the order which denied respondent's motion to modify a temporary order of protection dated August 10, 2022, unanimously dismissed, without costs, as moot.

Application by respondent's assigned counsel to be relieved 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]). We have reviewed the record and agree with counsel that there are no nonfrivolous issues that could be raised on this appeal.

Respondent mother's challenge to the order of protection dated August 10, 2022, is moot, as the order expired by its own terms on September 12, 2022, and was succeeded by subsequent orders of protection (see Matter of Camille L. [Dawn F.], 170 A.D.3d 580, 94 N.Y.S.3d 852 [1st Dept. 2019]).

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