Matter of Ross S.

Summary

The Appellate Division, Second Department dismissed as academic the appeal from the portion of a Family Court order placing Ross S. in the custody of the Dutchess County Department of Community and Family Services for up to 12 months because that period had expired. It also dismissed the appeal from the detention order because the order was not appealable as of right and leave to appeal had not been granted.

Holdings

1. The appeal from the portion of the fact-finding and disposition order placing the appellant in the custody of the Dutchess County Department of Community and Family Services for up to 12 months was dismissed as academic because the placement period had expired by its own terms.
2. The appeal from the order of detention was dismissed because the order was not appealable as of right and leave to appeal had not been granted.

Questions Presented

1. Whether the appeal from the portion of the fact-finding and disposition order placing the appellant in custody for up to 12 months was moot because the placement period had expired.
2. Whether the appeal from the order of detention was appealable as of right absent permission to appeal.

Disposition

dismissed