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In Re Omari W.

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 12, 2013

IN RE OMARI W., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY

Appeal from order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about October 29, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he had committed an act that, if committed by an adult, would constitute the crime of possession of an imitation firearm, and placed him in the custody of the Office of Children and Family Services for a period of 12 months in a limited secure facility, unanimously dismissed, without costs, as moot.

Matter of Omari W.

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.

Decided on March 12, 2013

Sweeny J.P., Moskowitz, Abdus-Salaam, Roman, Feinman, JJ.

Appellant challenges the dispositional order, asserting that the court should have granted his request for a third adjournment of the dispositional hearing. Since appellant has completed his placement, and since he does not challenge the juvenile delinquency adjudication, this appeal is moot (see e.g. Matter of Rene A., 34 AD3d 223 [2006]). In any event, the denial of the adjournment was a proper exercise of discretion under the circumstances presented, and the placement was the least restrictive dispositional alternative.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 12, 2013

CLERK

20130312

© 1992-2013 VersusLaw Inc.



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