In re Joaquin J.

Appellate Division of the Supreme Court of New York

In re Joaquin J.

47 A.D.3d 630, 848 N.Y.S.2d 544

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

DecidedJanuary 8, 2008

StatusPublished

Cited by2 cases

This text of 47 A.D.3d 630 (In re Joaquin J.) 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 Joaquin J., 47 A.D.3d 630, 848 N.Y.S.2d 544 (N.Y. Ct. App. 2008).

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Opinion

In a juvenile de[631]*631linquency proceeding pursuant to Family Court Act article 3, the appeal, as limited by the appellant’s brief, is from so much of an order of disposition of the Family Court, Kings County (McLeod, J.), dated December 6, 2006, as, upon a fact-finding order of the same court dated August 16, 2006, made upon the appellant’s admission that he had committed an act which, if committed by an adult, would have constituted the crime of unauthorized use of a vehicle in the third degree and adjudging him to be a juvenile delinquent, placed him with the New York City Office of Children and Family Services for a period of 12 months for placement with Hawthorne Cedar Knowles, without credit for time served.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Prior to the final disposition of this juvenile delinquency proceeding, the appellant served a little more than four months in detention, which time he argues should have been credited to reduce his 12-month placement pursuant to Family Court Act § 353.3 (5). This is the appellant’s sole contention on appeal. However, since the period of placement has expired, this appeal must be dismissed as academic (see Matter of David Franklin M., 45 AD3d 596 [2007]; Matter of Marlene B., 12 AD3d 596 [2004]; Matter of Shanita V., 7 AD3d 804 [2004]). Crane, J.P., Rivera, Florio and Balkin, JJ., concur.

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In a juvenile de[631]*631linquency proceeding pursuant to Family Court Act article 3, the appeal, as limited by the appellant’s brief, is from so much of an order of disposition of the Family Court, Kings County (McLeod, J.), dated December 6, 2006, as, upon a fact-finding order of the same court dated August 16, 2006, made upon the appellant’s admission that he had committed an act which, if committed by an adult, would have constituted the crime of unauthorized use of a vehicle in the third degree and adjudging him to be a juvenile delinquent, placed him with the New York City Office of Children and Family Services for a period of 12 months for placement with Hawthorne Cedar Knowles, without credit for time served.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Prior to the final disposition of this juvenile delinquency proceeding, the appellant served a little more than four months in detention, which time he argues should have been credited to reduce his 12-month placement pursuant to Family Court Act § 353.3 (5). This is the appellant’s sole contention on appeal. However, since the period of placement has expired, this appeal must be dismissed as academic (see Matter of David Franklin M., 45 AD3d 596 [2007]; Matter of Marlene B., 12 AD3d 596 [2004]; Matter of Shanita V., 7 AD3d 804 [2004]). Crane, J.P., Rivera, Florio and Balkin, JJ., concur.

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Bluebook (online)

47 A.D.3d 630, 848 N.Y.S.2d 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joaquin-j-nyappdiv-2008.

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