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MATTER OF McMILLIAN v. RIZZO

65 A.D.3d 689 (2009)

883 N.Y.S.2d 915

In the Matter of HERBERT McMILLIAN, Appellant, v. MAE RIZZO, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 25, 2009.

Ordered that the appeal is dismissed as academic, without costs or disbursements; and it is further,

Ordered that assigned counsel's application for leave to withdraw as counsel is dismissed as academic.

The Family Court can direct visitation only with minor children, who are defined under the Family Court Act as "person[s] who [have] not attained the age of eighteen years" (Family Ct Act § 119 [c]; see Family Ct Act § 651; Matter of Lozada...

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