Opinion
2017–08714 2017–08715 Docket No. S–1374–17
11-14-2018
In the MATTER OF ALEXANDRIA P. (Anonymous), Appellant.
Dawn M. Shammas, Harrison, NY, for appellant. James M. Fedorchak, County Attorney, Poughkeepsie, N.Y. (Linda D. Fakhoury of counsel), for respondent.
Dawn M. Shammas, Harrison, NY, for appellant.
James M. Fedorchak, County Attorney, Poughkeepsie, N.Y. (Linda D. Fakhoury of counsel), for respondent.
SHERI S. ROMAN, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the appeal from the order of detention is dismissed, without costs or disbursements, as that order is not appealable as of right, and leave to appeal has not been granted (see Family Ct. Act § 1112 ); and it is further,
ORDERED that the appeal from so much of the order of fact-finding and disposition as placed Alexandria P. in the custody of the Dutchess County Commissioner of Social Services for a period of up to 12 months is dismissed as academic, without costs or disbursements.
In March 2017, a petition was filed alleging that Alexandria P. was a person in need of supervision within the meaning of article 7 of the Family Court Act. Alexandria P. was subsequently adjudicated a person in need of supervision, and the Family Court, after a dispositional hearing, placed Alexandria P. in the custody of the Dutchess County Commissioner of Social Services for a period of up to 12 months. Alexandria P. appeals.
The portion of the order of fact-finding and disposition that placed Alexandria P. in the custody of the Dutchess County Commissioner of Social Services for a period of up to 12 months has expired by its own terms. Therefore, the appeal from so much of the order of fact-finding and disposition as placed Alexandria P. in the custody of the Dutchess County Commissioner of Social Services for a period of up to 12 months must be dismissed as academic (see Matter of Shakeel Mc. , 67 A.D.3d 913, 888 N.Y.S.2d 422 ; Matter of Bryanna P. , 66 A.D.3d 784, 784, 886 N.Y.S.2d 342 ; Matter of Toni Ann O. , 56 A.D.3d 563, 867 N.Y.S.2d 504 ; Matter of Joseph R. , 49 A.D.3d 651, 852 N.Y.S.2d 805 ; Matter of Jeffrey McG. , 8 A.D.3d 571, 778 N.Y.S.2d 723 ).
ROMAN, J.P., MILLER, CONNOLLY and IANNACCI, JJ., concur.