Citation Numbers: 14 A.D.3d 513, 788 N.Y.S.2d 171, 2005 N.Y. App. Div. LEXIS 192
Filed Date: 1/10/2005
Status: Precedential
Modified Date: 11/1/2024
Ordered that the first order dated October 22, 2003, is affirmed, without costs or disbursements; and it is further,
Ordered that the second order dated October 22, 2003, is modified, on the law, by deleting the provision thereof which prohibited the appellant from filing any further petitions, applications, or motions relating to his wife or children without certification from his counsel that the factual allegations and claims asserted therein are not frivolous as defined in 22 NYCRR 130-1.1 (c); as so modified, the second order dated October 22, 2003, is affirmed, without costs or disbursements.
We have reviewed the record and agree with the father’s assigned counsel that there are no nonfrivolous issues which could be raised on the appeal from the first order dated October 22, 2003, which, in effect, denied his petitions to modify an order of the same court dated May 23, 2003, awarding the mother custody of two of the parties’ children. Counsel’s application for leave to withdraw as counsel on the appeal from the first order is granted (see Anders v California, 386 US 738 [1967]; Matter of Bianca C., 309 AD2d 932 [2003]).
However, based upon this Court’s independent review of the record on appeal, we conclude that, with respect to the second order dated October 22, 2003, the Family Court improvidently exercised its discretion by prohibiting the father from filing any
We decline to grant that branch of the assigned counsel’s motion which was for leave to withdraw as counsel on the appeal from the second order dated October 22, 2003, since the mother and the Law Guardian already have submitted written positions on the merits of the issue presented. Under the particular circumstances of this case, we see no purpose to be served by further delaying these proceedings. Accordingly, that branch of the assigned counsel’s motion which was for leave to withdraw as counsel on the appeal from the second order dated October 22, 2003, is denied. H. Miller, J.P., Crane, Spolzino and Skelos, JJ., concur.