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Matter of Sammy C

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 415 (N.Y. App. Div. 1998)

Opinion

October 19, 1998

Appeal from the Family Court, Dutchess County (Amodeo, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order denying resettlement of the decretal paragraphs of an order ( see, Masters, Inc. v. White House Discounts, 119 A.D.2d 639; Foertsch v. Foertsch, 187 A.D.2d 635; Bergin v. Anderson, 216 App. Div. 844). Therefore, the appeal from the order dated June 10, 1997, must be dismissed. Were we to reach the merits, we would find that since the petitioner seeks to challenge only so much of the order of disposition as placed him in a limited secure facility, the appeal is academic as the original period of placement has expired ( see, Matter of C. Children, 252 A.D.2d 523; Matter of Latonia J., 249 A.D.2d 546; Matter of Giovanni P., 236 A.D.2d 411) and the petitioner consented to the extension of placement in the limited secure facility.

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.


Summaries of

Matter of Sammy C

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 415 (N.Y. App. Div. 1998)
Case details for

Matter of Sammy C

Case Details

Full title:In the Matter of SAMMY C., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 19, 1998

Citations

254 A.D.2d 415 (N.Y. App. Div. 1998)
678 N.Y.S.2d 902

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