Opinion
2019–04009 2019–04019 Docket No. V–310–07
11-20-2019
In the Matter of Leticia Angela RODRIGUEZ, Appellant, v. Michael S. SABBAT, Respondent.
Larry S. Bachner, New York, NY, for appellant, and appellant pro se. Kenneth M. Tuccillo, Hastings–on–Hudson, NY, attorney for the child.
Larry S. Bachner, New York, NY, for appellant, and appellant pro se.
Kenneth M. Tuccillo, Hastings–on–Hudson, NY, attorney for the child.
SHERI S. ROMAN, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION In a proceeding pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Richmond County (Peter F. DeLizzo, J.), dated November 9, 2018, and (2) an order of the same court dated March 11, 2019. The order dated November 9, 2018, insofar as appealed from, directed that no further pro se petitions or motions were to be filed by the mother without leave of court. The order dated March 11, 2019, insofar as appealed from, after a hearing, denied the mother's petition alleging that the father violated an order of parental access of the same court dated April 27, 2018, and, sua sponte, modified the order of parental access dated April 27, 2018, so as to limit the mother to only one supervised therapeutic parenting time session with the child per month for a period of six months, and to direct the mother to pay all expenses of such therapeutic parental access. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the motion of Larry S. Bachner for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,
ORDERED that Warren S. Hecht, 118–21 Queens Boulevard, Suite 518, Forest Hills, NY, 11375, is assigned as counsel to prosecute the appeals; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion, and the respondent and the attorney for the child shall serve and file their briefs within 30 days after the brief on behalf of the appellant is served and filed. By order on certification of this Court dated April 23, 2019, the appellant was granted leave to prosecute the appeals as a poor person, with the appeals to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties. The parties and the attorney for the child are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9 [a][4]; [c][1] ).
Upon this Court's independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the Family Court properly found that the father did not willfully violate a prior order of parental access (see Matter of Mendoza–Pautrat v. Razdan , 160 A.D.3d 963, 964, 74 N.Y.S.3d 626 ; Matter of Philie v. Singer , 79 A.D.3d 1041, 1042, 913 N.Y.S.2d 745 ), and whether the modification of the order of parental access was supported by a sound and substantial basis in the record (see Matter of Migliore v. Santiago , 165 A.D.3d 942, 943, 86 N.Y.S.3d 533 ; Matter of Jennifer J.H. v. Artrieo J.R. , 148 A.D.3d 809, 809–810, 48 N.Y.S.3d 748 ). As the mother is entitled to the single-minded advocacy of appellate counsel, assignment of new counsel to prosecute the appeal is warranted (see Matter of Lopez v. Prudencio , 164 A.D.3d 1447, 83 N.Y.S.3d 223 ; Matter of Nava v. Kinsler , 78 A.D.3d 837, 912 N.Y.S.2d 228 ).
ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.