Alvin H. v. Onondaga Cnty. Attorney

• Decision Date: 03 June 2022
• Docket Number: 535,CAF 21-01146
• Parties: In the Matter of ALVIN H., Respondent-Appellant. v. ONONDAGA COUNTY ATTORNEY, Petitioner-Respondent.
• Court: New York Supreme Court — Appellate Division

167 N.Y.S.3d 885 (Mem)

In the Matter of ALVIN H., Respondent-Appellant.

v.ONONDAGA COUNTY ATTORNEY, Petitioner-Respondent.

535

CAF 21-01146

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: June 3, 2022

BELLETIER LAW OFFICE, SYRACUSE (ANTHONY BELLETIER OF COUNSEL), FOR RESPONDENT-APPELLANT.

ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (SARA E. LOWENGARD OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: On appeal from an order that adjudicated him to be a juvenile delinquent and placed him in the custody of the Onondaga County Department of Children and Family Services for a period of one year, respondent contends only that Family Court erred by conducting an inadequate dispositional hearing. We dismiss the appeal as moot inasmuch as the period of placement has expired (see Matter of Sysamouth D. , 98 A.D.3d 1314, 1314, 951 N.Y.S.2d 424 [4th Dept. 2012] ; Matter of Kale F. , 269 A.D.2d 832, 832-833, 703 N.Y.S.2d 783 [4th Dept. 2000] ) and, to the extent that the order on appeal has been superceded by a subsequent order extending respondent's placement, there is no appeal therefrom now before us (see Matter of Joseph YY. , 306 A.D.2d 584, 585, 760 N.Y.S.2d 276 [3d Dept. 2003] ; Matter of Joseph M. , 306 A.D.2d 612, 612, 759 N.Y.S.2d 715 [3d Dept. 2003] ; Matter of Byron A. , 112 A.D.2d 30, 30, 490 N.Y.S.2d 1013 [4th Dept. 1985] ). We conclude that the exception to the mootness doctrine does not apply here (see Sysamouth D. , 98 A.D.3d at 1314, 951 N.Y.S.2d 424 ; Kale F. , 269 A.D.2d at 832-833, 703 N.Y.S.2d 783 ; cf. Matter of Dante P. , 81 A.D.3d 1267, 1268, 916 N.Y.S.2d 435 [4th Dept. 2011] ; see generally Matter of Hearst Corp. v. Clyne , 50 N.Y.2d 707, 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).