IN RE: David C. DIPIETRO (2026)

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

IN RE: David C. DIPIETRO, appellant, v. Tiffany E. DELACRUZ, respondent.

2026–00731

Decided: October 07, 2026

CHERYL E. CHAMBERS, J.P., LINDA CHRISTOPHER, LILLIAN WAN, CARL J. LANDICINO, JJ.

Carol Kahn, New York, NY, for appellant. Tiffany DeLaCruz, named herein as Tiffany E. Delacruz, Beacon, NY, respondent pro se (no brief filed). Andrew W. Szczesniak, White Plains, NY, attorney for the child (no brief filed).

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Dutchess County (Jeffrey C. Martin, J.), dated January 6, 2026. The order granted, without a hearing, the mother's motion to dismiss the father's petition to modify a prior order of the same court dated September 11, 2023, entered upon the consent of the parties, awarding the parties joint physical and legal custody of the parties' child. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which she moves to be relieved of her assignment to prosecute this appeal.

ORDERED that the order is affirmed, without costs or disbursements.

We are satisfied with the sufficiency of the brief filed by the appellant's assigned counsel pursuant to Anders v California (386 US 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252).

CHAMBERS, J.P., CHRISTOPHER, WAN and LANDICINO, JJ., concur.

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