Opinion
2014-01-16
In the Matter of Jeffrey COLLINS, Appellant, v. Toni BRUSH, Respondent. (And Another Related Proceeding.).
Robert D. Siglin, Elmira, for appellant.
Before: LAHTINEN, J.P., STEIN, McCARTHY and GARRY, JJ.
GARRY, J.
Appeal from an order of the Family Court of Schuyler County (Argetsinger, J.), entered September 16, 2010, which dismissed petitioner's applications, in two proceedings pursuant to Family Ct. Act article 6, to, among other things, modify a prior custody order.
Petitioner, the father of a daughter (born in 1993), appeals from an order dismissing two petitions seeking modification of visitation and asserting violation of the custody order. The record establishes that the daughter is no longer a minor ( seeDomestic Relations Law § 75–a [2] ). She is therefore not subject to Family Ct. Act article 6, and the appeal relative to the modification petition is moot ( seeFamily Ct. Act § 651; see also Matter of Norwood v. Capone, 15 A.D.3d 790, 793, 790 N.Y.S.2d 270 [2005], appeal dismissed4 N.Y.3d 878, 798 N.Y.S.2d 721, 831 N.E.2d 967 [2005] ). To the extent that the appeal with respect to the violation petition is not rendered moot, upon review of the record, we find appellate counsel's request to be relieved of his assignment on the ground that there are no nonfrivolous appellate issues to be supported, and grant this request ( see Matter of Pamela N. v. Neil N., 100 A.D.3d 1126, 1126, 952 N.Y.S.2d 920 [2012] ).
ORDERED that the appeal from that part of the order dismissing the modification petition is dismissed, as moot, without costs.
ORDERED that the part of the order dismissing the violation petition is affirmed, without costs, and application to be relieved of assignment granted. LAHTINEN, J.P., STEIN and McCARTHY, JJ., concur.