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IN RE: MICHAEL “H”,1 Alleged to be a Person in Need of Supervision. Kathleen M. Wilkens, Respondent; Michael “H”, Appellant.
Appeal from an order of the Family Court of Schoharie County (Hughes, J.), entered November 27, 1995, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 7, to adjudicate respondent a person in need of supervision.
After a fact-finding hearing, Family Court rendered a bench decision finding that respondent was a person in need of supervision. Subsequently, a dispositional order was entered suspending judgment for one year upon certain conditions. Respondent appeals.
Initially, we note that respondent's appeal from the order of disposition brings up for review the fact-finding order (see, Matter of Herbert RR., 214 A.D.2d 891, 892 n. 1, 625 N.Y.S.2d 362; Matter of Herbert TT., 192 A.D.2d 916, 917, 597 N.Y.S.2d 194). We further note that, although the dispositional order is moot because the suspended judgment has expired (see, Matter of Demetrius X., 228 A.D.2d 804, 644 N.Y.S.2d 112), the PINS adjudication is not moot as it may involve “a possibility of collateral legal consequences” (Matter of Tabitha LL., 216 A.D.2d 651, 653, 627 N.Y.S.2d 807, affd. 87 N.Y.2d 1009, 643 N.Y.S.2d 466, 666 N.E.2d 171; see, Matter of Erik P., 42 A.D.2d 908, 909, 347 N.Y.S.2d 735).
Based on our review of the record, it is clear that the evidence adduced at the fact-finding hearing established beyond a reasonable doubt that respondent is a person in need of supervision.
ORDERED that the order is affirmed, without costs.
WHITE, Justice.
MIKOLL, J.P., and MERCURE, CREW and YESAWICH, JJ., concur.
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Decided: May 01, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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