Matter of Olivia O.
This text of 2024 NY Slip Op 05310 (Matter of Olivia O.) 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.
Opinion
| Matter of Olivia O. |
| 2024 NY Slip Op 05310 |
| Decided on October 29, 2024 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: October 29, 2024
Before: Singh, J.P., Pitt-Burke, Higgitt, Rosado, O'Neill Levy, JJ.
Docket No. D-06752/23 Appeal No. 2908 Case No. 2023-06072
Daniel X. Robinson, New York, for appellant.
Muriel-Goode-Trufant, Acting Corporation Counsel, New York (Eva L. Jerome of counsel), for presentment agency.
Appeal from order of disposition, Family Court, New York County (Stephanie Schwarz, JFC), entered on or about November 15, 2023, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of robbery in the third degree, and placed her in the custody of the Commissioner of Social Services of the County of New York for placement in a nonsecure facility for a period of 12 months, less the period of 3 months spent in detention nunc pro tunc, 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order, but not the juvenile delinquency adjudication, is moot because the placement has expired, and has been superseded by an order extending the placement for one month, which has also expired (see Matter of Gabriel N., 144 AD3d 443 [1st Dept 2016]). In any event, the disposition was a proper exercise of discretion. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: October 29, 2024
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