Matter of Sydney N.

• Decision Date: 24 July 2007
• Docket Number: 2006-08203.,2006-08199.,Docket No. D-02643-05/06A.,Docket No. D-05984-06.,Docket No. D-06937-04/06A.,2006-09032.
• Parties: In the Matter of SYDNEY N., a Person Alleged to be a Juvenile Delinquent, Appellant.
• Court: New York Supreme Court — Appellate Division

42 A.D.3d 539

840 N.Y.S.2d 128

2007 NY Slip Op 06235

In the Matter of SYDNEY N., a Person Alleged to be a Juvenile Delinquent, Appellant.

Docket No. D-06937-04/06A.

Docket No. D-02643-05/06A.

Docket No. D-05984-06.

2006-08199.

2006-08203.

2006-09032.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 24, 2007.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from (1) an order of disposition of the Family Court, Kings County (Turbow, J.), dated July 13, 2006, which, upon a fact-finding order of the same court dated May 16, 2006, made after a hearing, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree, adjudged him to be a juvenile delinquent and placed him in the custody of the New York State Office of Children and Family Services for a period of 12 months, (2) an order of the same court also dated July 13, 2006, which found that the appellant violated a condition of a term of probation previously imposed by the same court in an order of disposition dated October 3, 2005, vacated that order of disposition, and placed the appellant in the custody of the New York State Office of Children and Family Services for a period of

12 months, and (3) an order of the same court also dated July 13, 2006, which found that the appellant violated a condition of a term of probation previously imposed by the same court in an order of disposition also dated October 3, 2005, vacated that order of disposition dated October 3, 2005, and placed the appellant in the custody of the New York State Office of Children and Family Services for a period of 12 months. The appeal from the order of disposition brings up for review the fact-finding order dated May 16, 2006.

Ordered that the appeals from so much of the order of disposition and the orders dated July 13, 2006, as placed the appellant in the custody of the New York State Office of Children and Family Services for a period of 12 months are dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order of disposition and the orders dated July 13, 2006, are affirmed insofar as reviewed, without costs or disbursements.

The appeals from so much of the order of disposition, and the orders dated July 13, 2006, as placed the appellant in the custody of the New York State Office of Children and Family Services for a period of 12 months have been rendered academic, as the periods of placement have expired (see Matter of Christian M., 37 AD3d 834 [2007]; Matter of Monay W., 33 AD3d 809 [2006]; Matter of Rosario S., 18 AD3d 563 [2005]). However, because there may be collateral consequences resulting from the adjudication of delinquency, that portion of the appeal from the order of disposition which brings up for review that portion of the order of disposition which adjudicated the appellant a juvenile delinquent is not academic (see Family Ct Act § 783; Matter of Dorothy D., 49 NY2d 212 [1980]; Matter of Monay W., supra).

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