IN RE: Tanya Diaz (2011)

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

IN RE: Tanya Diaz, respondent, v. Louis Martinez, appellant.

2010–05679 (Docket No. O–2961–09)

Decided: April 12, 2011

MARK C. DILLON, J.P. ANITA R. FLORIO CHERYL E. CHAMBERS ROBERT J. MILLER, JJ.

Arleen Lewis, Blauvelt, N.Y., for appellant. Gary E. Eisenberg, New City, N.Y., for respondent.

Submitted—March 29, 2011

DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Rockland County (Warren, J.), dated February 22, 2010, which, inter alia, directed him to stay away from the mother except for the visitation exchange of the children. Assigned counsel has submitted a brief in accordance with Anders v. California (386 U.S. 738), in which he moves to withdraw as counsel.

ORDERED that the order is affirmed, with costs.

We have reviewed the record and agree with the appellant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738; Matter of Nilsen v. Slowey, 25 AD3d 614; Lara v. Vasquez, 103 A.D.2d 681).

DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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