Opinion
520054.
05-05-2016
In the Matter of AKO LL., Alleged to be a Juvenile Delinquent. Robert Behnke, as Broome County Attorney, Respondent; Ako LL., Respondent. Carla MM., Appellant.
Alena Van Tull, Binghamton, for appellant. Robert Behnke, County Attorney, Binghamton (Ryan R. Matt of counsel), for Robert Behnke, respondent. Allen Stone, Vestal, for Ako LL., respondent.
Alena Van Tull, Binghamton, for appellant.
Robert Behnke, County Attorney, Binghamton (Ryan R. Matt of counsel), for Robert Behnke, respondent.
Allen Stone, Vestal, for Ako LL., respondent.
Before: PETERS, P.J., LAHTINEN, ROSE, LYNCH and AARONS, JJ.
LAHTINEN, J. Appeal from an order of the Family Court of Broome County (Connerton, J.), entered September 18, 2014, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 3, to adjudicate respondent a juvenile delinquent.
In April 2014, respondent (born in 2001) admitted in Family Court that he had engaged in acts which, if committed by an adult, constituted attempted petit larceny. He was released pending a dispositional hearing to the supervision of Carla MM. (hereinafter the mother), with whom he had been residing for about two years. Prior to completion of the dispositional hearing, Family Court moved respondent to the supervision of his father when the mother became temporarily unavailable due to a medical issue. Thereafter, it was discovered that an April 2010 custody order had, in fact, previously placed primary physical custody with the father. Based upon this order, as well as other proof at the dispositional hearing, Family Court, in September 2014, placed respondent on 12 months of probation in the supervision of his father. The mother appeals.
The appeal is moot. There is no challenge on appeal to the underlying merits of the order adjudicating respondent a juvenile delinquent or his placement on probation under the supervision of a parent. The mother argues, however, that Family Court erred in placing respondent with the father rather than with her. We note that while this appeal was pending, the mother's separate petition to modify the April 2010 custody order was denied by Family Court. More importantly, the dispositional order, including the terms of probation, expired in September 2015 and, accordingly, the mother's argument is now moot (see Matter of Kashayla L., 56 A.D.3d 962, 962–963, 871 N.Y.S.2d 425 [2008] ; Matter of Steven GG., 307 A.D.2d 407, 408, 761 N.Y.S.2d 552 [2003] ; see also Matter of William G., 136 A.D.3d 1178, 1179, 24 N.Y.S.3d 923 [2016] ). The exception to the mootness doctrine does not apply (see Matter of Lasheim V., 61 A.D.3d 1047, 1047–1048, 875 N.Y.S.2d 921 [2009] ; Matter of Joseph H., 39 A.D.3d 896, 896, 834 N.Y.S.2d 344 [2007] ). In any event, the mother's argument lacks merit in that Family Court's disposition was well within its broad discretion and not otherwise in error (see e.g. Matter of Joshua LL., 132 A.D.3d 1201, 1202, 19 N.Y.S.3d 608 [2015] ; Matter of Jacob LL., 129 A.D.3d 1407, 1408, 12 N.Y.S.3d 368 [2015] ; Matter of Trevor MM., 119 A.D.3d 1112, 1114, 989 N.Y.S.2d 191 [2014] ).
ORDERED that the appeal is dismissed, as moot, without costs.
PETERS, P.J., ROSE, LYNCH and AARONS, JJ., concur.