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Matter of Hogan v. Max
Citation: 2021 NY Slip Op 07316Docket: 2020-07005
Court: Appellate Division of the Supreme Court of the State of New York; December 21, 2021; New York; State Appellate Court
Original Court Document: View Document
In the matter of Hogan v. Max, the Appellate Division of the Supreme Court of New York decided on December 22, 2021, regarding an appeal by Clayton J. Hogan, the father, from an order of the Family Court in Queens County. The Family Court order, issued by Judge Robert D. Mulroy on August 24, 2020, granted the mother's motion to dismiss the father's family offense petition for failure to state a cause of action, without a hearing. The court allowed the father's assigned counsel, Cheryl Charles-Duval, to withdraw from the case, citing deficiencies in her brief submitted under Anders v. California, which failed to adequately analyze potential appellate issues in relation to the facts and applicable law. The court found the assertion that the appeal was academic to be based on evidence outside the record and therefore not considered. As a result, the court assigned new counsel, Linda C. Braunsberg, to represent the appellant and mandated that she file a brief within 90 days. The respondent is required to file her brief within 30 days after the appellant's brief is served. The court also directed both parties to upload digital copies of their briefs to the court's website, along with proof of service of hard copies to each other. The decision emphasizes the court's responsibility to ensure adequate representation for the appellant and adherence to procedural requirements.