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McMillian v. Rizzo

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 2009
65 A.D.3d 689 (N.Y. App. Div. 2009)

Opinion

No. 2008-04757.

August 25, 2009.

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Negron, Ct. Atty. Ref.), dated April 21, 2008, which dismissed his petition. Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738) and moves to be relieved of the assignment to prosecute the appeal.

Tennille M. Tatum-Evans, New York, N.Y., for appellant, and appellant pro se.

Before: Spolzino, J.P., Santucci, Florio and Lott, JJ., concur.


Ordered that the appeal is dismissed as academic, without costs or disbursements; and it is further,

Ordered that assigned counsel's application for leave to withdraw as counsel is dismissed as academic.

The Family Court can direct visitation only with minor children, who are defined under the Family Court Act as "person[s] who [have] not attained the age of eighteen years" (Family Ct Act § 119 [c]; see Family Ct Act § 651; Matter of Lozada v Pinto, 7 AD3d 801). Inasmuch as the subject child is now over 18 years of age, the appeal must be dismissed as academic ( see Matter of McGovern v Lynch, 62 AD3d 712; Matter of Metcalf v Odums, 35 AD3d 865, 866; Matter of Lozada v Pinto, 7 AD3d at 801; Matter of Lisnitzer v Lisnitzer, 119 AD2d 576; cf. Matter of Kmea J., 54 AD3d 376).


Summaries of

McMillian v. Rizzo

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 2009
65 A.D.3d 689 (N.Y. App. Div. 2009)
Case details for

McMillian v. Rizzo

Case Details

Full title:In the Matter of HERBERT McMILLIAN, Appellant, v. MAE RIZZO, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 25, 2009

Citations

65 A.D.3d 689 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6331
883 N.Y.S.2d 915

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