| Matter of Kashayla L. |
| 2008 NY Slip Op 09122 [56 AD3d 962] |
| November 20, 2008 |
| Appellate Division, Third Department |
| In the Matter of Kashayla L., a Person Alleged to be a JuvenileDelinquent. Daniel Tuczinski, as Columbia County Attorney, Respondent; Kashayla L.,Appellant. |
—[*1] Daniel Tuczinski, County Attorney, Hudson (Clarissa D. Garvey of counsel), forrespondent.
Appeal from an order of the Family Court of Columbia County (Czajka, J.), entered February6, 2007, which granted petitioner's application, in a proceeding pursuant to Family Ct Act article3, to adjudicate respondent a juvenile delinquent.
Petitioner commenced this proceeding alleging that respondent committed acts which, ifcommitted by an adult, would have constituted the crimes of assault in the third degree andresisting arrest. The charges stem from an incident in which respondent and two others physicallyattacked another young woman, and then subsequently attempted to thwart a police officer'sattempts to arrest respondent. After admitting that she perpetrated the acts alleged, respondentwas adjudicated a juvenile delinquent. Following a dispositional hearing, Family Court orderedthat respondent be placed in the custody of the Columbia County Department of Social Services(hereinafter DSS) for a period of one year.
Upon this appeal, respondent's sole argument is that her placement in DSS custody was notthe least restrictive alternative available. Inasmuch as the dispositional order placing respondentin DSS custody for one year has expired by its own terms, however, this appeal is now moot (Matter of Andrew MM., 24 AD3d1116, 1116 [2005]; Matter of Evan P., 1 AD3d [*2]831, 832 [2003]; cf. Matter of Terrance D., 44 AD3d 656, 656 [2007]).
Mercure, J.P., Peters, Lahtinen, Malone Jr. and Kavanagh, JJ., concur. Ordered that theappeal is dismissed, as moot, without costs.