Lenores S.M. v.

• Decision Date: 13 February 2015
• Parties: In the Matter of LENORES S.M., Respondent–Appellant. Wayne County Attorney, Petitioner–Respondent.
• Court: New York Supreme Court — Appellate Division

? 125 A.D.3d 1520

999 N.Y.S.2d 920

2015 N.Y. Slip Op. 01355

In the Matter of LENORES S.M., Respondent–Appellant. Wayne County Attorney, Petitioner–Respondent.

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

Feb. 13, 2015

Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered February 3, 2014 in a proceeding pursuant to Family Court Act article 3. The order, among other things, placed respondent in the custody of the Wayne County Department of Social Services for a period of one year.

Charles Plovanich, Attorney for the Child, Rochester, for Respondent–Appellant.

Daniel C. Connors, County Attorney, Lyons (Erin M. Hammond of Counsel), for Petitioner–Respondent.

MEMORANDUM:

Respondent appeals from an order revoking his probation and placing him in the custody of the Wayne County Department of Social Services for a period of one year. This appeal is moot because respondent's one-year placement has expired, and the exception to the mootness doctrine does not apply ( see Matter of Sysamouth D., 98 A.D.3d 1314, 1314, 951 N.Y.S.2d 424; Matter of Kale F., 269 A.D.2d 832, 833, 703 N.Y.S.2d 783; 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).

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

CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, and DeJOSEPH, JJ., concur.