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Matter of Joy

Appellate Division of the Supreme Court of New York, Third Department
Jan 28, 1993
189 A.D.2d 1035 (N.Y. App. Div. 1993)

Opinion

January 28, 1993

Appeal from the Family Court of Tompkins County (Barrett, J.).


Although we agree that the extension of placement of Joy L. with petitioner for a period of 12 months was appropriate in the circumstances and a proper exercise of discretion by Family Court, we nevertheless dismiss the appeal as moot because Joy L. reached her 18th birthday on May 29, 1992 during the pendency of this appeal. No placement can be made beyond the infant's 18th birthday without her consent (see, Family Ct Act § 1055 [e]; Matter of Robert B., 102 A.D.2d 868, 869).

If this matter is to be pursued further, a proceeding under SCPA article 17-A might be considered (see, Matter of Rosner, 144 A.D.2d 148).

Mikoll, J.P., Yesawich Jr., Mercure and Crew III, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Matter of Joy

Appellate Division of the Supreme Court of New York, Third Department
Jan 28, 1993
189 A.D.2d 1035 (N.Y. App. Div. 1993)
Case details for

Matter of Joy

Case Details

Full title:In the Matter of JOY L., a Child Alleged to be Neglected and Abused…

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

Date published: Jan 28, 1993

Citations

189 A.D.2d 1035 (N.Y. App. Div. 1993)