IN RE: ANDREW MM. (2005)

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

IN RE: ANDREW MM., Alleged to be a Juvenile Delinquent. Van Crockett, as Assistant County Attorney for Clinton County, Respondent; Andrew MM., Appellant.

Decided: December 29, 2005

Before: CREW III, J.P., PETERS, SPAIN and MUGGLIN, JJ.

Lisa W. Lorman, Amsterdam, for appellant. Van Crockett, Clinton County Department of Social Services, Plattsburgh, for respondent.

Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered September 9, 2003, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 3, to adjudicate respondent a juvenile delinquent and placed him in the custody of the Clinton County Department of Social Services for a period of 12 months.

Based on his admissions, respondent was adjudicated a juvenile delinquent. At the dispositional hearing, despite the recommendations of all interested parties that he be placed on probation, Family Court determined that respondent's best interests required placement in the custody of the Clinton County Department of Social Services for a period of 12 months. Respondent appeals.

This appeal is moot as the 12-month placement period expired in August 2004 (see Matter of Joseph YY., 306 A.D.2d 584, 585, 760 N.Y.S.2d 276 [2003]; Matter of Mark J., 259 A.D.2d 40, 43, 696 N.Y.S.2d 583 [1999] ).

ORDERED that the appeal is dismissed, as moot, without costs.

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