In re Jason M.

Appellate Division of the Supreme Court of New York

In re Jason M.

109 A.D.2d 1092, 487 N.Y.S.2d 232, 1985 N.Y. App. Div. LEXIS 47586

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

DecidedMarch 1, 1985

StatusPublished

This text of 109 A.D.2d 1092 (In re Jason M.) 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

In re Jason M., 109 A.D.2d 1092, 487 N.Y.S.2d 232, 1985 N.Y. App. Div. LEXIS 47586 (N.Y. Ct. App. 1985).

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Opinion

— Appeal unanimously dismissed as moot, without costs. Memorandum: Because the dispositional order appealed from expired by its own terms on July 18,1984 and has been replaced by a subsequent order, we dismiss the appeal as moot. We note, however, that it was improper to modify the stipulated disposition which placed respondent, a juvenile delinquent, in a Title II facility (see, Executive Law, art 19-G, tit 2; Family Ct Act § 353.3 [3] [c]) to permit placement in secure detention under Title III (Executive Law, art 19-G, tit 3; Family Ct Act § 353.3 [3] [a], [b] solely because of alleged lack of space in a Title II facility (see, Family Ct Act § 352.2 [2]; § 355.1 [2]). (Appeal from order of Erie County Family Court, Honan, J. — transfer of delinquent.) Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Schnepp, JJ.

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— Appeal unanimously dismissed as moot, without costs. Memorandum: Because the dispositional order appealed from expired by its own terms on July 18,1984 and has been replaced by a subsequent order, we dismiss the appeal as moot. We note, however, that it was improper to modify the stipulated disposition which placed respondent, a juvenile delinquent, in a Title II facility (see, Executive Law, art 19-G, tit 2; Family Ct Act § 353.3 [3] [c]) to permit placement in secure detention under Title III (Executive Law, art 19-G, tit 3; Family Ct Act § 353.3 [3] [a], [b] solely because of alleged lack of space in a Title II facility (see, Family Ct Act § 352.2 [2]; § 355.1 [2]). (Appeal from order of Erie County Family Court, Honan, J. — transfer of delinquent.) Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Schnepp, JJ.

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Bluebook (online)

109 A.D.2d 1092, 487 N.Y.S.2d 232, 1985 N.Y. App. Div. LEXIS 47586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jason-m-nyappdiv-1985.

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