Opinion
2012-05-8
In the Matter of ZAWYER C. (Anonymous), appellant.
Cabelly & Calderon, Jamaica, N.Y. (Alan S. Cabelly of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Diana Lawless of counsel), for respondent.
Cabelly & Calderon, Jamaica, N.Y. (Alan S. Cabelly of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Diana Lawless of counsel), for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Zawyer C. appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Queens County (Lubow, J.), dated April 8, 2011, as, upon a fact-finding order of the Family Court, Suffolk County (Freundlich, J.), entered August 27, 2010, made upon her admission, finding that she had committed an act which, if committed by an adult, would have constituted the crime of attempted criminal mischief in the fourth degree, placed her in the custody of the New York State Office of Children and Family Services for a period of 12 months, with credit for time spent in detention from February 14, 2011, to March 4, 2011.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The only issues raised by the appellant concern that portion of the order of disposition which placed her in the custody of the New York State Office of Children and Family Services for a period of 12 months, with credit for time spent in detention from February 14, 2011, to March 4, 2011. Since the placement has expired, the appeal must be dismissed as academic ( see Matter of Gawen M., 90 A.D.3d 1051, 1052, 934 N.Y.S.2d 839, lv. denied 18 N.Y.3d 811, 2012 N.Y. Slip Op. 71316, 2012 WL 1432183 [2012]; Matter of Eric R., 78 A.D.3d 841, 910 N.Y.S.2d 374; Matter of Delroy A., 73 A.D.3d 912, 899 N.Y.S.2d 881). Contrary to the appellant's contention, this matter does not warrant invoking the exception to the mootness doctrine ( see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876).