In re Alex Z.

• Citation: 82 A.D.3d 995,918 N.Y.S.2d 771
• Parties: In the Matter of ALEX Z. (Anonymous), appellant.
• Decision Date: 15 March 2011
• Court: New York Supreme Court — Appellate Division

918 N.Y.S.2d 771
82 A.D.3d 995

In the Matter of ALEX Z. (Anonymous), appellant.

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

March 15, 2011.

918 N.Y.S.2d 772

Michael S. Bromberg, Sag Harbor, N.Y., for appellant.

Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.

REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, RANDALL T. ENG, and PLUMMER E. LOTT, JJ.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Alex Z. appeals from an order of the Family Court, Suffolk County (Hoffman, J.), dated May 6, 2010, which, upon his admission, found that he violated a condition of probation previously imposed by the same court (Freundlich, J.) in an order of disposition dated October 29, 2008, vacated the order of disposition, and thereupon placed him in the custody of the New York State Office of Children and Family Services until April 22, 2011.

ORDERED that the appeal from so much of the order dated May 6, 2010, as placed the appellant in the custody of the New York State Office of Children and Family Services until April 22, 2011, is dismissed as academic, without costs or disbursements, in light of the entry of an order of the same court dated August 9, 2010, vacating the determination in the order dated May 6, 2010, imposing the placement; and it is further,

ORDERED that the order dated May 6, 2010, is reversed insofar as reviewed, on the law, without costs or disbursements, the appellant's admission to the petition alleging that he violated a condition of his probation is vacated, and that petition is dismissed.

On April 22, 2010, the appellant entered an admission to a petition alleging that he had violated a condition of probation previously imposed upon him by an order of disposition dated October 29, 2008. By order dated May 6, 2010, the Family Court vacated the order of disposition, revoked the appellant's probation, and thereupon placed the appellant in the custody of the New York State Office of Children and Family Services until April 22, 2011. However, while the appeal from the order dated May 6, 2010, was pending, the Family Court issued a subsequent order terminating the appellant's placement, and directing that he return home. Under these circumstances, the appeal from so much of the order dated May 6, 2010, as placed the appellant in the custody of the New York State Office of Children and Family Services until April 22, 2011, has been rendered academic (...