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In re Dominique R.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 2, 2008

IN THE MATTER OF DOMINIQUE R. (ANONYMOUS), APPELLANT.

In a proceeding pursuant to Family Court Act article 7, the appeal is from an order of the Family Court, Nassau County (Singer, J.), dated January 30, 2008, which revoked a prior order of disposition of the same court dated November 14, 2007, placing the appellant on probation, upon a finding that the appellant had violated a condition thereof, and placed her in the custody of the Nassau County Department of Social Services for a period of six months for placement at the Saint Anne's Group Home.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., RUTH C. BALKIN, WILLIAM E. McCARTHY and JOHN M. LEVENTHAL, JJ.

(Docket No. S-7426-07)

DECISION & ORDER

ORDERED that the appeal from so much of the order as placed the appellant in the custody of the Nassau County Department of Social Services for a period of six months for placement at the Saint Anne's Group Home is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order is affirmed insofar as reviewed, without costs or disbursements.

The Family Court did not improvidently exercise its discretion in revoking the original order of disposition which placed the appellant on probation. The presentment agency adduced "competent proof that the [appellant] without just cause failed to comply with [the] terms and conditions" of her probation (Family Ct Act § 779).

The appellant's contention with respect to her placement is academic inasmuch as the placement has expired pursuant to its terms (see Matter of Joseph R., 49 AD3d 651; Matter of Jeffrey McG., 8 AD3d 571; Matter of Angelina S., 304 AD2d 833, 833-834).

FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.

20081202

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