Cowan v. Lott

Appellate Division of the Supreme Court of New York

Cowan v. Lott

298 A.D.2d 630, 748 N.Y.S.2d 287, 2002 N.Y. App. Div. LEXIS 9649

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 17, 2002

StatusPublished

This text of 298 A.D.2d 630 (Cowan v. Lott) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cowan v. Lott, 298 A.D.2d 630, 748 N.Y.S.2d 287, 2002 N.Y. App. Div. LEXIS 9649 (N.Y. Ct. App. 2002).

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Opinion

Crew III, J.P.

Appeal from an order of the Family Court of Chenango County (Sullivan, J.), entered December 7, 1999, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, to hold respondent in willful violation of a prior order of support.

Respondent was found to have willfully violated a prior order of support and was sentenced to six months in the Chenango County Jail with a purge of $10,000. Counsel for respondent now seeks to be relieved of his assignment upon the ground that there are no nonfrivolous issues that may be raised on this appeal. As our review of counsel’s brief and the record reveals at least one potentially nonfrivolous issue, namely the sufficiency of the evidence of respondent’s inability to pay, respondent’s counsel is relieved of his assignment and new counsel will be assigned to address any issues the record may disclose (see Matter of Andrew MM., 267 AD2d 515).

Peters, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

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Crew III, J.P.

Appeal from an order of the Family Court of Chenango County (Sullivan, J.), entered December 7, 1999, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, to hold respondent in willful violation of a prior order of support.

Respondent was found to have willfully violated a prior order of support and was sentenced to six months in the Chenango County Jail with a purge of $10,000. Counsel for respondent now seeks to be relieved of his assignment upon the ground that there are no nonfrivolous issues that may be raised on this appeal. As our review of counsel’s brief and the record reveals at least one potentially nonfrivolous issue, namely the sufficiency of the evidence of respondent’s inability to pay, respondent’s counsel is relieved of his assignment and new counsel will be assigned to address any issues the record may disclose (see Matter of Andrew MM., 267 AD2d 515).

Peters, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

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Bluebook (online)

298 A.D.2d 630, 748 N.Y.S.2d 287, 2002 N.Y. App. Div. LEXIS 9649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowan-v-lott-nyappdiv-2002.

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