Matter of Mead v Horn

Matter of Mead v Horn 2015 NY Slip Op 07109 Decided on October 2, 2015 Appellate Division, Fourth 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 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.
981 CAF 13-01637

[*1]IN THE MATTER OF MICHAEL J. MEAD, SR., PETITIONER-APPELLANT,

v

LISA M. HORN, RESPONDENT-RESPONDENT.

KELIANN M. ARGY, ORCHARD PARK, FOR PETITIONER-APPELLANT.

SANFORD A. CHURCH, ATTORNEY FOR THE CHILDREN, ALBION.

Appeal from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered August 15, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner father filed a petition alleging that respondent mother violated an order of custody and visitation, and he also filed two petitions seeking modification of that order. On appeal, the father contends that Family Court improperly dismissed his modification petitions. Inasmuch as the order on appeal dismissed only the violation petition, the father's contention concerning the modification petitions is not properly before us (see Matter of Price v Jenkins, 99 AD3d 915, 915; Matter of Nicole Lee B., 256 AD2d 1103, 1105). We reject the father's further contention that he was denied effective assistance of counsel based solely upon counsel's request to withdraw from representing him, which was denied (see Matter of Gee v Brothers, 267 AD2d 786, 788, lv denied 94 NY2d 764).

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court