Appellate Division of the Supreme Court of New York, 1985

In re Jason M.

In re Jason M.
Appellate Division of the Supreme Court of New York · Decided March 1, 1985
109 A.D.2d 1092; 487 N.Y.S.2d 232; 1985 N.Y. App. Div. LEXIS 47586
In re Jason M.

Opinion of the Court

— Appeal unanimously dismissed as moot, without costs. Memorandum: Because the dispositional order appealed from expired by its own terms on July 18,1984 and has been replaced by a subsequent order, we dismiss the appeal as moot. We note, however, that it was improper to modify the stipulated disposition which placed respondent, a juvenile delinquent, in a Title II facility (see, Executive Law, art 19-G, tit 2; Family Ct Act § 353.3 [3] [c]) to permit placement in secure detention under Title III (Executive Law, art 19-G, tit 3; Family Ct Act § 353.3 [3] [a], [b] solely because of alleged lack of space in a Title II facility (see, Family Ct Act § 352.2 [2]; § 355.1 [2]). (Appeal from order of Erie County Family Court, Honan, J. — transfer of delinquent.) Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Schnepp, JJ.

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