IN RE: AMINATA S. (2024)

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

IN RE: AMINATA S., Petitioner-Respondent, v. NDONGO D., Respondent-Appellant.

2608

Decided: September 26, 2024

Webber, J.P., Kern, Oing, González, Rosado, JJ.

Daniel X. Robinson, New York, for appellant. Larry Bachner, New York, for respondent. Janet Neustaetter, The Childrens Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the children.

Appeal from order, Family Court, Bronx County (Jaclyn P. Sherman, Referee), entered on or about December 12, 2023, which, after a fact-finding hearing and upon respondent father's default, granted petitioner aunt's petition for custody of the subject children, unanimously dismissed, without costs, as taken from a nonappealable order.

Upon our review of respondent father's assigned counsel's motion and the record, we agree that the subject order is nonappealable since it was entered following the father's default at the fact-finding hearing, and the father did not move to vacate his default (see Matter of Neil F.J. v. Maria I. M., 208 A.D.3d 1101, 174 N.Y.S.3d 699 [1st Dept. 2022]; CPLR 5511).

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]). The record indicates that there are no nonfrivolous issues that could be raised on appeal.

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