Matter of Shakeel Mc.

Matter of Shakeel Mc. 2009 NY Slip Op 08620 [67 AD3d 913] November 17, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

In the Matter of Shakeel Mc., a Person Alleged to be a Juvenile Delinquent, Appellant.

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George E. Reed, Jr., White Plains, N.Y., for appellant.

Ronald L. Wozniak, County Attorney, Poughkeepsie, N.Y. (Victor A. Civitillo of counsel), for respondent.

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 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]).

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 [2006]; Matter of Joel P., 16 AD3d 511, 512 [2005]; cf. Matter of Iris R., 33 NY2d 987, 988 [1974]).

The appellant's remaining contentions are either unpreserved for appellate review or without merit. Fisher, J.P., Angiolillo, Eng and Lott, JJ., concur.