Veronica C. v. Administration for
Children’s Services
Matter of Veronica C. v Administration for Children's Servs.
2010
NY Slip Op 07538
Decided
on October 19, 2010
Appellate
Division, Second Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This
opinion is uncorrected and subject to revision before publication in the
Official Reports.
Decided
on October 19, 2010
SUPREME
COURT OF THE STATE OF
APPELLATE
DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO
E. RIVERA, J.P.
PETER
B. SKELOS
CHERYL
E. CHAMBERS
SHERI
S. ROMAN, JJ.
2009-06436
(Docket
No. V-19669-07)
[*1]In
the Matter of Veronica C. (Anonymous), appellant,
v
Administration for Children's Services, et al., respondent.
Leighton M. Jackson,
Michael A. Cardozo, Corporation Counsel,
(Pamela Seider Dolgow
and Kristin M.
Helmers of counsel), for respondent
Administration for Children's Services.
George E. Reed,
DECISION
& ORDER
In
a child custody proceeding pursuant to Family Court Act article 6, the maternal
grandmother appeals from an order of the Family Court, Kings County (Lerner,
Ct. Atty. Ref.), dated June 11, 2009, which, without a hearing, dismissed her petition
to modify an order of custody dated April 7, 2009, with respect to the child
Kenneth C., and directed that no further petitions for modification of the
order of custody dated April 7, 2009, would be accepted for filing without
leave of court. Assigned counsel has submitted a brief in accordance with
Anders v
ORDERED
that the motion is granted, Leighton M. Jackson is relieved as counsel for the
appellant, and he is directed to turn over all papers in his possession to new
counsel assigned herein; and it is further,
ORDERED
that Geanine Towers, 71 Bay Ridge Road, Brooklyn, New
York, 11220, telephone number 347-626-5296, is assigned as counsel to perfect
the appeal from the order dated June 11, 2009; 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
Administration for Children's Services and the attorney for the child Kenneth
C. shall serve and file their briefs within 120 days of this decision and order
on motion. By prior decision and order on motion of this Court dated September
21, 2009, the appellant was granted leave to prosecute the appeal as a poor
person, with the appeal to be heard on the original papers (including a
certified transcript of the proceedings) and on the briefs of the parties, who
were directed to file nine copies of their respective briefs and to serve one
copy on each other.
Upon
this Court's independent review of the record, we conclude that a nonfrivolous issue [*2]exists as
to whether the Family Court properly denied, without a hearing, the maternal
grandmother's petition to modify an order of custody dated April 7, 2009, with
respect to the child Kenneth C. Accordingly, assignment of new counsel is
warranted (see Swanton v Swanton, 70 AD3d 927; Matter of Bearfield
v Sink, 30 AD3d 1117).
RIVERA, J.P., SKELOS, CHAMBERS and
ROMAN, JJ., concur.
ENTER:
Matthew
G. Kiernan
Clerk
of the Court