In re Kale F.

Appellate Division of the Supreme Court of New York

In re Kale F.

269 A.D.2d 832, 703 N.Y.S.2d 783, 2000 N.Y. App. Div. LEXIS 1764

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 2000·Published·Cited by 10 cases

Opinion

—Appeal unanimously dismissed without costs. Memorandum: Respondent appeals from an order of disposition that placed him in the custody of the Steuben County Department of Social Services for a 14-month period, until August 30, 1999. That order expired and the appeal is [833]*833moot (see, Matter of Michael OO., 267 AD2d 638; Matter of Alice P., 254 AD2d 770). This appeal fails to satisfy the “three critical conditions to the mootness exception” (Matter of Chenier v Richard W., 82 NY2d 830, 832; see also, Mental Hygiene Legal Servs. v Ford, 92 NY2d 500, 505-506; but see, Matter of Jennifer B., 256 AD2d 1195), and there is no indication in the record that respondent is still being affected by that order (see, Matter of Chenier v Richard W., supra, at 832). Consequently, we dismiss the appeal. (Appeal from Order of Steuben County Family Court, Bradstreet, J. — Juvenile Delinquency.) Present — Wisner, J. P., Pigott, Jr., Hurlbutt and Balio, JJ.

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—Appeal unanimously dismissed without costs. Memorandum: Respondent appeals from an order of disposition that placed him in the custody of the Steuben County Department of Social Services for a 14-month period, until August 30, 1999. That order expired and the appeal is [833]*833moot (see, Matter of Michael OO., 267 AD2d 638; Matter of Alice P., 254 AD2d 770). This appeal fails to satisfy the “three critical conditions to the mootness exception” (Matter of Chenier v Richard W., 82 NY2d 830, 832; see also, Mental Hygiene Legal Servs. v Ford, 92 NY2d 500, 505-506; but see, Matter of Jennifer B., 256 AD2d 1195), and there is no indication in the record that respondent is still being affected by that order (see, Matter of Chenier v Richard W., supra, at 832). Consequently, we dismiss the appeal. (Appeal from Order of Steuben County Family Court, Bradstreet, J. — Juvenile Delinquency.) Present — Wisner, J. P., Pigott, Jr., Hurlbutt and Balio, JJ.

In re Kale F., 269 A.D.2d 832, 703 N.Y.S.2d 783, 2000 N.Y. App. Div. LEXIS 1764 (N.Y. Ct. App. 2000).

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