Presentment Agency. v. << (2024)

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

In the MATTEROF OLIVIA O., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

2908

Decided: October 29, 2024

Singh, J.P., Pitt–Burke, Higgitt, Rosado, O'Neill Levy, JJ.

Daniel X. Robinson, New York, for appellant. Muriel–Goode–Trufant, Acting Corporation Counsel, New York (Eva L. Jerome of counsel), for presentment agency.

Appeal from order of disposition, Family Court, New York County (Stephanie Schwarz, JFC), entered on or about November 15, 2023, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of robbery in the third degree, and placed her in the custody of the Commissioner of Social Services of the County of New York for placement in a nonsecure facility for a period of 12 months, less the period of 3 months spent in detention nunc pro tunc, unanimously dismissed as moot, without costs.

This appeal challenging the dispositional order, but not the juvenile delinquency adjudication, is moot because the placement has expired, and has been superseded by an order extending the placement for one month, which has also expired (see Matter of Gabriel N., 144 A.D.3d 443, 39 N.Y.S.3d 785 [1st Dept. 2016]). In any event, the disposition was a proper exercise of discretion.

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