M., LENORES S., MTR. OF

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

211 CAF 14-00511 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND DEJOSEPH, JJ.

IN THE MATTER OF LENORES S.M., RESPONDENT-APPELLANT. ------------------------------ MEMORANDUM AND ORDER WAYNE COUNTY ATTORNEY, PETITIONER-RESPONDENT.

CHARLES PLOVANICH, ATTORNEY FOR THE CHILD, ROCHESTER, FOR RESPONDENT-APPELLANT.

DANIEL C. CONNORS, COUNTY ATTORNEY, LYONS (ERIN M. HAMMOND OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered February 3, 2014 in a proceeding pursuant to Family Court Act article 3. The order, among other things, placed respondent in the custody of the Wayne County Department of Social Services for a period of one year.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Respondent appeals from an order revoking his probation and placing him in the custody of the Wayne County Department of Social Services for a period of one year. This appeal is moot because respondent’s one-year placement has expired, and the exception to the mootness doctrine does not apply (see Matter of Sysamouth D., 98 AD3d 1314, 1314; Matter of Kale F., 269 AD2d 832, 833; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714- 715).

Entered: February 13, 2015 Frances E. Cafarell Clerk of the Court