In re Shakeel Mc

 

Matter of Shakeel Mc.

2009 NY Slip Op 08620

Decided on November 17, 2009

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2009

 

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2008-10686

(Docket No. S-02721-08)

 

[*1]In the Matter of Shakeel Mc. (Anonymous), appellant.

 

George E. Reed, Jr., White Plains, N.Y., for appellant.

Ronald L. Wozniak, County Attorney, Poughkeepsie, N.Y. (Victor

A. Civitillo of counsel), for respondent.

 

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 7, the appeal is from an order of fact-finding and disposition of the Family Court, Dutchess County (Forman, J.), dated November 10, 2008, which, after fact-finding and dispositional hearings, and upon the admission of Shakeel Mc. to truancy, adjudicated him to be a person in need of supervision and directed that he be placed in the custody of the Dutchess County Department of Social Services for a period of up to 12 months.

ORDERED that the appeal from so much of the order of fact-finding and disposition as directed that the appellant be placed in the custody of the Dutchess County Department of Social Services for a period of up to 12 months is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The portion of the order of fact-finding and disposition which placed the appellant in the custody of the Dutchess County Department of Social Services for a period of up to 12 months has expired by its own terms. Therefore, the appeal from so much of the order of fact-finding and disposition as placed the appellant in the custody of the Dutchess County Department of Social Services for a period of up to 12 months must be dismissed (see Matter of Toni Ann O., 56 AD3d 563; Matter of Andrew Y., 44 AD3d 1063).

The petitioner met its burden of proving, beyond a reasonable doubt, that the appellant was a person in need of supervision (see Matter of Toni Ann O., 56 AD3d at 564; Matter of East Islip High School v Ian M., 33 AD3d 921; Matter of Joel P., 16 AD3d 511, 512; cf. Matter of Iris R., 33 NY2d 987, 988).

The appellant's remaining contentions are either unpreserved for appellate review or without merit.

FISHER, J.P., ANGIOLILLO, ENG and LOTT, JJ., concur.

 

ENTER:

James Edward Pelzer

Clerk of the Court

 

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