IN RE: MICHAEL J. MEAD (2015)

Supreme Court, Appellate Division, Fourth Department.

IN RE: MICHAEL J. MEAD, SR., PETITIONER–APPELLANT, v. LISA M. HORN, RESPONDENT–RESPONDENT.

CAF 13–01637

Decided: October 02, 2015

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.

KELIANN M. ARGY, ORCHARD PARK, FOR PETITIONER–APPELLANT.

MEMORANDUM AND ORDER

SANFORD A. CHURCH, ATTORNEY FOR THE CHILDREN, ALBION.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner father filed a petition alleging that respondent mother violated an order of custody and visitation, and he also filed two petitions seeking modification of that order. On appeal, the father contends that Family Court improperly dismissed his modification petitions. Inasmuch as the order on appeal dismissed only the violation petition, the father's contention concerning the modification petitions is not properly before us (see Matter of Price v. Jenkins, 99 AD3d 915, 915; Matter of Nicole Lee B., 256 A.D.2d 1103, 1105). We reject the father's further contention that he was denied effective assistance of counsel based solely upon counsel's request to withdraw from representing him, which was denied (see Matter of Gee v. Brothers, 267 A.D.2d 786, 788, lv denied 94 N.Y.2d 764).

Frances E. Cafarell

Clerk of the Court

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