IN RE: MICHAEL T. L. (2025)

Appeal from order, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about November 1, 2023, which dismissed petitioner's petition for custody and visitation of the subject child, Michael T. L., based on her failure to appear and because the child had been previously freed for adoption, unanimously dismissed, without costs, as taken from a nonappealable order.

Upon our review of petitioner's assigned counsel's application and the record, we agree that the subject order is nonappealable because it was entered following petitioner's default at the hearing, and she did not move to vacate her default (see Matter of Aminata S. v. Ndongo D., 230 A.D.3d 1078, 217 N.Y.S.3d 71 [1st Dept. 2024];  CPLR 5511).  Moreover, the appeal is moot as the subject child has been adopted (Matter of Sandra M. v. Che M., 204 A.D.3d 491, 491, 164 N.Y.S.3d 452 [1st Dept. 2022]).

As this Court has determined that petitioner's appeal is from a nonappealable order, the application by petitioner's assigned counsel to withdraw as counsel is granted.  As such, we do not reach the issue raised by assigned counsel pertaining to the existence of nonfrivolous issues that could be raised on appeal (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967]), and instead sua sponte relieve petitioner's counsel from representation of petitioner, as his representation on this appeal has been rendered moot by virtue of this order.