Matter of Eddie Michael L.
2009 NY Slip Op 05341 [63 AD3d 1066]
June 23, 2009
Appellate Division, Second Department
As corrected through Wednesday, August 5, 2009


In the Matter of Eddie Michael L., an Infant. Suffolk CountyDepartment of Social Services, Respondent; Edgar Q., Appellant.

[*1]Joseph R. Faraguna, Sag Harbor, N.Y., for appellant.

Robert C. Mitchell, Central Islip, N.Y. (Diane B. Groom of counsel), attorney for the child(no brief filed).

In a proceeding pursuant to Family Court Act article 10, the father appeals from (1) an orderof the Family Court, Suffolk County (McElligott, J.H.O.), dated April 14, 2008, which, after apermanency hearing, approved the petitioner's permanency goal of reuniting the subject childwith him, and (2) an order of protection of the same court, also dated April 14, 2008, whichdirected him to stay away from the subject child for a period of one year. Assigned counsel hassubmitted a brief in accordance with Anders v California (386 US 738 [1967]), in whichhe moves to be relieved of the assignment to prosecute this appeal.

Ordered that the appeal from the order of protection is dismissed as academic, without costsor disbursements; and it is further,

Ordered that the order approving the petitioner's permanency goal is affirmed, without costsor disbursements.

The order of protection appealed from expired by its own terms on April 14, 2009. Under thefacts of this case, the issuance of the order of protection did not constitute a permanent andsignificant stigma which might indirectly affect the father's status in potential future proceedings(see Matter of Draven B., 52 AD3d 704 [2008]).

We have reviewed the record and agree with the father's assigned counsel that there are nononfrivolous issues which could be raised on appeal. Counsel's application for leave to withdrawas counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige,54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Skelos, J.P.,Santucci, Belen and Chambers, JJ., concur.


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