IN RE: J. V. and Others (2024)

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

IN RE: J. V. and Others, Children Under Eighteen Years of Age, etc., Shelly R., Respondent–Respondent, v. Erikson P., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.

2131

Decided: April 25, 2024

Webber, J.P., Friedman, González, Rosado, Michael, JJ.

John R. Eyerman, New York, for appellant. The Bronx Defenders, Bronx (David Shalleck–Klein of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Amanda C. Weingarten of counsel), for Shelly R., respondent. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for Administration for Children's Services, respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), Attorney for the child Kadelyn P.

Appeal from an amended order of disposition, Family Court, Bronx County (E. Grace Park, J.), entered on or about October 14, 2021, which, among other things, ordered the release of the subject child to respondent mother for six months and directed the appellant father to complete an anger management program, a parenting class, and permitted supervised visitation between the father and the subject child, unanimously dismissed, without costs, as academic.

Application by the father's assigned 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]). We have reviewed the record and agree with assigned counsel that there are no nonfrivolous issues which could be raised on the appeal. Because the terms of the dispositional order expired on April 14, 2022, and no extensions were sought or directed, the appeal has been rendered academic (Matter of Adena I. [Claude I.], 91 A.D.3d 484, 935 N.Y.S.2d 886 [1st Dept. 2012]). Moreover, as the father consented to the order, he is not an aggrieved party within the meaning of CPLR 5511 and no appeal lies from the order (Matter of Adrianna M.F. [Shanikqa C.F.], 212 A.D.3d 461, 179 N.Y.S.3d 898 [1st Dept. 2023]; CPLR 5511).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network