From Casetext: Smarter Legal Research

Matter of Echols v. Lord

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 682 (N.Y. App. Div. 1992)

Opinion

February 10, 1992

Appeal from the Supreme Court, Westchester County (Lange, J.).


Ordered that the appeal is dismissed as academic, without costs or disbursements.

In general, an appeal will be considered academic, if the rights of the parties will not be directly affected by the determination of the appeal (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714; Town of Islip v. Cuomo, 147 A.D.2d 56, 65). Correction Law § 611 (2) provides that a child may remain in a correctional institution with his or her mother for such a period as seems desirable for the welfare of the child, "but not after [he or she] is one year of age". The petitioner's child, born September 23, 1988, is clearly beyond the permissible age. Thus, the rights of the parties cannot be affected by the determination of this appeal. The appeal is therefore dismissed as academic. Thompson, J.P., Sullivan, O'Brien and Ritter, JJ., concur.


Summaries of

Matter of Echols v. Lord

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 682 (N.Y. App. Div. 1992)
Case details for

Matter of Echols v. Lord

Case Details

Full title:In the Matter of JONAL ECHOLS, Appellant, v. ELAINE LORD, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 10, 1992

Citations

180 A.D.2d 682 (N.Y. App. Div. 1992)
579 N.Y.S.2d 723

Citing Cases

Matter of Strati v. Balancia

He subsequently commenced this proceeding to review the propriety of this determination, and to obtain…

Majid v. Coughlin

Ordered that the appeal is dismissed as academic, without costs or disbursements. In general, an appeal will…