| Matter of McMillian v Rizzo |
| 2009 NY Slip Op 06331 [65 AD3d 689] |
| August 25, 2009 |
| Appellate Division, Second Department |
| In the Matter of Herbert McMillian, Appellant, v MaeRizzo, Respondent. |
—[*1]
In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from anorder of the Family Court, Queens County (Negron, Ct. Atty. Ref.), dated April 21, 2008, whichdismissed his petition. Assigned counsel has submitted a brief in accordance with Anders vCalifornia (386 US 738 [1967]) and moves to be relieved of the assignment to prosecute theappeal.
Ordered that the appeal is dismissed as academic, without costs or disbursements; and it isfurther,
Ordered that assigned counsel's application for leave to withdraw as counsel is dismissed asacademic.
The Family Court can direct visitation only with minor children, who are defined under theFamily Court Act as "person[s] who [have] not attained the age of eighteen years" (Family CtAct § 119 [c]; see Family Ct Act § 651; Matter of Lozada v Pinto, 7 AD3d 801 [2004]). Inasmuch as thesubject child is now over 18 years of age, the appeal must be dismissed as academic (see Matter of McGovern v Lynch, 62AD3d 712 [2009]; Matter ofMetcalf v Odums, 35 AD3d 865, 866 [2006]; Matter of Lozada v Pinto, 7 AD3dat 801; Matter of Lisnitzer v Lisnitzer, 119 AD2d 576 [1986]; cf. Matter of Kmea J., 54 AD3d376 [2008]). Spolzino, J.P., Santucci, Florio and Lott, JJ., concur.