Matter of Gabriel N.

Appellate Division of the Supreme Court of New York

Matter of Gabriel N.

2016 NY Slip Op 7263, 144 A.D.3d 443, 39 N.Y.S.3d 785

Appellate Division of the Supreme Court of the State of New York·Decided November 3, 2016·No. 2127·Published·Cited by 5 cases

Opinion

—Appeal fromorder of disposition, Family Court, New York County (Ad-etokunbo Fasanya, J.), entered on or about September 4, 2015, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of attempted robbery in the third degree, and placed him with the Office of Children and Family Services for a period up to 12 months in a limited secure facility, without credit for time served, unanimously dismissed as moot, without costs.

This appeal challenging the dispositional order, but not the juvenile delinquency adjudication, is moot because the placement has expired (see Matter of Omari W., 104 AD3d 460 [1st Dept 2013]), and has been superseded by an order extending the placement on consent (see Matter of Fawaz A. [Franklyn B.C.J, 112 AD3d 550 [1st Dept 2013]). In any event, the disposition was a proper exercise of discretion.

Concur—Friedman, J.P., Renwick, Feinman, Gische and Kapnick, JJ.

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—Appeal fromorder of disposition, Family Court, New York County (Ad-etokunbo Fasanya, J.), entered on or about September 4, 2015, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of attempted robbery in the third degree, and placed him with the Office of Children and Family Services for a period up to 12 months in a limited secure facility, without credit for time served, unanimously dismissed as moot, without costs.

This appeal challenging the dispositional order, but not the juvenile delinquency adjudication, is moot because the placement has expired (see Matter of Omari W., 104 AD3d 460 [1st Dept 2013]), and has been superseded by an order extending the placement on consent (see Matter of Fawaz A. [Franklyn B.C.J, 112 AD3d 550 [1st Dept 2013]). In any event, the disposition was a proper exercise of discretion.

Concur—Friedman, J.P., Renwick, Feinman, Gische and Kapnick, JJ.

Matter of Gabriel N., 2016 NY Slip Op 7263, 144 A.D.3d 443, 39 N.Y.S.3d 785 (N.Y. Ct. App. 2016).

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Opinion

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