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
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.,
Ronald L. Wozniak,
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