Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: JAVON H. (Anonymous), appellant.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal, as limited by the appellant's brief, is from so much of an order of disposition of the Family Court, Kings County (Hepner, J.), dated December 23, 2003, as, upon a fact-finding order of the same court dated September 17, 2003, made after a hearing, finding, inter alia, that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of assault in the first degree and criminal possession of a weapon in the fourth degree, adjudged him to be a juvenile delinquent, and upon his consent, placed him on probation for a period of 24 months.
ORDERED that the appeal is dismissed, without costs or disbursements.
This limited appeal from so much of the order of disposition as placed the appellant on probation, must be dismissed. That portion of the order was entered on the appellant's consent, and no appeal lies from an order entered on the consent of the appealing party, since he was not aggrieved thereby (see Matter of Kristina R., 21 A.D.3d 560, 562, 800 N.Y.S.2d 454, lv. denied 5 N.Y.3d 717, 808 N.Y.S.2d 141, 842 N.E.2d 27; Matter of Shanita V., 7 A.D.3d 804, 776 N.Y.S.2d 875; Matter of Stevenson J., 306 A.D.2d 412, 413, 761 N.Y.S.2d 486; Matter of Nicole G., 274 A.D.2d 478, 479, 711 N.Y.S.2d 908). Moreover, that portion of the order has been rendered academic, as the period of probation has expired (see Matter of Elijah R., 23 A.D.3d 665, 804 N.Y.S.2d 419; Matter of Kristina R., supra; Matter of Victor V., 261 A.D.2d 479, 690 N.Y.S.2d 129).
The appellant has not raised any issues relating to the underlying findings of fact.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 11, 2006
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)