Opinion
8238 8238A
01-29-2019
In re TAMALA S., Petitioner–Appellant, v. ERNEST R., Respondent–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Steven P. Forbes, Jamaica, for respondent. Karen P. Simmons, The Children's Law Center, Brooklyn (Lee Tarr of counsel), attorney for the child.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Steven P. Forbes, Jamaica, for respondent.
Karen P. Simmons, The Children's Law Center, Brooklyn (Lee Tarr of counsel), attorney for the child.
Renwick, J.P., Richter, Mazzarelli, Webber, Kern, JJ.
Orders, Family Court, Bronx County (Emily Morales–Minerva, J.), entered on or about July 13, 2017 and July 14, 2017, which granted respondent father's motion to change venue to Orange County, and which denied petitioner mother's oral application to amend the existing temporary order of visitation to provide her with extended parenting time during the subject child's summer vacation, unanimously affirmed, without costs.
Application by the mother's assigned counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967] ; People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 [1st Dept. 1976] ). We have reviewed the record and agree with assigned counsel that there are no nonfrivolous issues which could be raised on this appeal, as Family Court providently exercised its discretion in transferring venue under Family Ct Act § 174, based upon the longtime residency of the child and respondent father in Orange County (see Greenblum v. Greenblum, 136 A.D.3d 595, 596, 25 N.Y.S.3d 598 [1st Dept. 2016] ). Furthermore, the mother's application to modify the temporary order of visitation to include extended vacation time during the summer of 2017 is now moot (see Fabbricante v. Fabbricante, 148 A.D.3d 780, 49 N.Y.S.3d 701 [2d Dept. 2017] ).