In re Omari W.

Appellate Division of the Supreme Court of New York

In re Omari W.

104 A.D.3d 460, 961 N.Y.S.2d 380

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

DecidedMarch 12, 2013

StatusPublished

This text of 104 A.D.3d 460 (In re Omari W.) 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 Omari W., 104 A.D.3d 460, 961 N.Y.S.2d 380 (N.Y. Ct. App. 2013).

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Opinion

Appeal from order [461]*461of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about October 29, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he had committed an act that, if committed by an adult, would constitute the crime of possession of an imitation firearm, and placed him in the custody of the Office of Children and Family Services for a period of 12 months in a limited secure facility, unanimously dismissed, without costs, as moot.

Appellant challenges the dispositional order, asserting that the court should have granted his request for a third adjournment of the dispositional hearing. Since appellant has completed his placement, and since he does not challenge the juvenile delinquency adjudication, this appeal is moot (see e.g. Matter of Rene A., 34 AD3d 223 [2006]). In any event, the denial of the adjournment was a proper exercise of discretion under the circumstances presented, and the placement was the least restrictive dispositional alternative. Concur — Sweeny, J.E, Moskowitz, Abdus-Salaam, Román and Feinman, JJ.

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Appeal from order [461]*461of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about October 29, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he had committed an act that, if committed by an adult, would constitute the crime of possession of an imitation firearm, and placed him in the custody of the Office of Children and Family Services for a period of 12 months in a limited secure facility, unanimously dismissed, without costs, as moot.

Appellant challenges the dispositional order, asserting that the court should have granted his request for a third adjournment of the dispositional hearing. Since appellant has completed his placement, and since he does not challenge the juvenile delinquency adjudication, this appeal is moot (see e.g. Matter of Rene A., 34 AD3d 223 [2006]). In any event, the denial of the adjournment was a proper exercise of discretion under the circumstances presented, and the placement was the least restrictive dispositional alternative. Concur — Sweeny, J.E, Moskowitz, Abdus-Salaam, Román and Feinman, JJ.

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Bluebook (online)

104 A.D.3d 460, 961 N.Y.S.2d 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-omari-w-nyappdiv-2013.

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