Matter of Bleakley v McGregor

Matter of Matter of Bleakley v McGregor 2012 NY Slip Op 08305 Decided on December 5, 2012 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 December 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
2011-10349
(Docket No. V-02276-04)

[*1]In the Matter of Donald Bleakley, respondent,

v

Stacy Leigh McGregor, appellant. Terry D. Horner, Poughkeepsie, N.Y., for appellant.




DECISION & ORDER

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Forman, J.), dated August 22, 2011, which denied her motion to resettle so much of a prior order of the same court dated July 5, 2011, as awarded joint custody of the subject child to the parties, upon their consent. The mother's assigned counsel has submitted a brief in accordance with Anders v California (386 US 738) in which he moves for leave to withdraw as counsel.

ORDERED that appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that counsel's application to withdraw as counsel is denied as academic.

An order denying a motion to resettle a substantive or decretal portion of a prior order is not appealable (see EQK Green Acres v United States Fid. & Guar. Co., 248 AD2d 667).

In light of our determination, the application of the mother's counsel to withdraw as counsel has been rendered academic.
BALKIN, J.P., ROMAN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court