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Milman v. Shehupak

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 25, 2008

IN THE MATTER OF SEMEN MILMAN, APPELLANT,
v.
YEUGENIY SHEHUPAK, RESPONDENT.

In a family offense proceeding pursuant to Family Court Act article 8, Semen Milman appeals from an order of the Family Court, Kings County (Hepner, J.), dated May 23, 2007, which, after a hearing, denied the petition and dismissed the proceeding. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which he moves to be relieved of the assignment to prosecute this appeal.

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.

WILLIAM F. MASTRO, J.P., PETER B. SKELOS, RUTH C. BALKIN, ARIEL E. BELEN, JJ.

(Docket No. O-08666-06)

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

We have reviewed the record and agree with the appellant's assigned counsel that there are no non-frivolous issues which could be raised on appeal (see e.g. Matter of Bodouva v Bodouva, 53 AD3d 483; Matter of Burke v Burke, 45 AD3d 591, 592; Matter of Hodges v Hodges, 40 AD3d 639; Matter of Lane v Lane, 8 AD3d 486). Counsel's application for leave to withdraw as counsel is therefore granted (see Matter of Ingle v Ingle, 19 AD3d 420; Matter of Mejias v Aleman, 10 AD3d 421; see also Anders v California, 386 US 738).

MASTRO, J.P., SKELOS, BALKIN and BELEN, JJ., concur.

20081125

© 1992-2008 VersusLaw Inc.



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