| Matter of Brett W. |
| 2009 NY Slip Op 03645 [62 AD3d 1050] |
| May 7, 2009 |
| Appellate Division, Third Department |
| In the Matter of Brett W., a Person Alleged to be in Need ofSupervision. Schoharie County Attorney, Respondent; Brett W.,Appellant. |
—[*1] Michael A. West, County Attorney, Cobleskill (Marvin D. Parshall Jr. of counsel), forrespondent.
McCarthy, J. Appeal from an order of the Family Court of Schoharie County (Bartlett III, J.),entered August 9, 2007, which granted petitioner's application, in a proceeding pursuant toFamily Ct Act article 7, to adjudicate respondent a person in need of supervision.
In May 2007, a person in need of supervision petition was filed against respondent by hisparents. In June 2007, a juvenile delinquency petition was filed against him by petitioner. OnJuly 6, 2007, after respondent admitted to the sole count of the juvenile delinquency petition insatisfaction of both petitions, it was converted to a person in need of supervision petition.Following a dispositional hearing, respondent was adjudicated a person in need of supervisionand placed in the custody of the Schoharie County Department of Social Services for a period ofone year. He now appeals.
The only arguments advanced on appeal concern respondent's placement. That is, respondentclaims that it was not the least restrictive alternative available, and he further claims that he wasnot given appropriate credit for time served in a detention facility prior to placement. Inasmuchas the dispositional order expired by its own terms in August 2008, these claims are moot (see Matter of Andrew MM., 24 AD3d1116, 1117 [2005]; Matter of Mark J., 259 AD2d [*2]40, 43-44 [1999]). Accordingly, the appeal must be dismissed.
Rose, J.P., Kane, Kavanagh and Stein, JJ., concur. Ordered that the appeal is dismissed, asmoot, without costs.