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In re Michael H.

Supreme Court, Appellate Division, Fourth Department, New York.
Oct 5, 2012
99 A.D.3d 1258 (N.Y. App. Div. 2012)

Opinion

2012-10-5

In the Matter of MICHAEL H., Jr., Respondent–Appellant. Erie County Attorney, Petitioner–Respondent.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered October 27, 2011 in a proceeding pursuant to Family Court Act article 3. The order placed respondent on probation for a period of six months. David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Respondent–Appellant. Michael A. Siragusa, County Attorney, Buffalo (Michael J. Liszewski of Counsel), for Petitioner–Respondent.


Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered October 27, 2011 in a proceeding pursuant to Family Court Act article 3. The order placed respondent on probation for a period of six months.
David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Respondent–Appellant. Michael A. Siragusa, County Attorney, Buffalo (Michael J. Liszewski of Counsel), for Petitioner–Respondent.
MEMORANDUM:

On appeal from an order that adjudicated him to be a juvenile delinquent and placed him on probation for a term of six months, respondent contends only that, by imposing a term of probation and issuing an order of protection, Family Court failed to adopt the “least restrictive available alternative” as required by Family Court Act § 352.2(2)(a). Inasmuch as the term of probation and order of protection issued by the court have expired, this appeal is moot ( see Matter of Alex N., 255 A.D.2d 626, 627, 678 N.Y.S.2d 923).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

SCUDDER, P.J., SMITH, FAHEY, LINDLEY, and MARTOCHE, JJ., concur.


Summaries of

In re Michael H.

Supreme Court, Appellate Division, Fourth Department, New York.
Oct 5, 2012
99 A.D.3d 1258 (N.Y. App. Div. 2012)
Case details for

In re Michael H.

Case Details

Full title:In the Matter of MICHAEL H., Jr., Respondent–Appellant. Erie County…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Oct 5, 2012

Citations

99 A.D.3d 1258 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 6723
951 N.Y.S.2d 458

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