From Casetext: Smarter Legal Research

Matter of Joshua B

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2002
300 A.D.2d 1147 (N.Y. App. Div. 2002)

Opinion

CAF 99-7221

December 30, 2002.

Appeal from an order of Family Court, Orleans County (Punch, J.), entered October 14, 1999, which adjudged that respondent violated an order of disposition and placed respondent for a period of one year in the custody of the New York State Office of Children and Family Services.

CHARLES PLOVANICH, LAW GUARDIAN, ROCHESTER, FOR RESPONDENT-APPELLANT.

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE, AND BURNS, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal from the order insofar as it concerns placement be and the same hereby is unanimously dismissed and the order is affirmed without costs.

Memorandum:

We reject respondent's contention that the petition is jurisdictionally defective ( cf. Matter of Neftali D., 85 N.Y.2d 631). Inasmuch as the order placing respondent in the custody of the New York State Office of Children and Family Services until June 23, 2000 has expired, respondent's contention that such placement was not appropriate is moot ( see Matter of Raymond WW., 291 A.D.2d 682, 683).


Summaries of

Matter of Joshua B

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2002
300 A.D.2d 1147 (N.Y. App. Div. 2002)
Case details for

Matter of Joshua B

Case Details

Full title:MATTER OF JOSHUA B., RESPONDENT-APPELLANT. ORLEANS COUNTY ATTORNEY…

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

Date published: Dec 30, 2002

Citations

300 A.D.2d 1147 (N.Y. App. Div. 2002)
752 N.Y.S.2d 579

Citing Cases

In re Charles

It is hereby ordered that said appeal is unanimously dismissed without costs. Memorandum: The challenge by…