In re Richard R.

123 A.D.3d 1043

999 N.Y.S.2d 180

2014 N.Y. Slip Op. 09003

In the Matter of RICHARD R. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 24, 2014

Affirmed.

Alan S. Cabelly, Jamaica, N.Y., for appellant.

Zachary W. Carter, Corporation Counsel, New York, N.Y. (Richard Dearing, Kristin M. Helmers, and Diana Lawless of counsel), for respondent.

REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, and SANDRA L. SGROI, JJ.

Appeals from (1) an order of fact-finding of the Family Court, Kings County (Lee Hand Elkins, J.), dated April 4, 2012, (2) an order of that court (Terrence J. McElrath, J.), dated August 13, 2013, and (3) an order of disposition of that court (Terrence J. McElrath, J.), also dated August 13, 2013. The order dated April 4, 2012, determined, upon the appellant's admission, that the appellant had committed acts which, if committed by an adult, would have constituted the crime of assault in the second degree. The first order dated August 13, 2013, denied the appellant's motion to dismiss the petition based upon delay in completing the dispositional hearing. The second order dated August 13, 2013, adjudicated the appellant a juvenile delinquent and, upon his consent, placed him in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility for a period of up to 18 months, with a minimum of six months and with credit for time served.

ORDERED that the appeals from the order of fact-finding dated April 4, 2012, and the first order dated August 13, 2013, are dismissed, without costs or disbursements, as those orders were superseded by the order of disposition, and are brought up for review on the appeal from the order of disposition; and it is further,

ORDERED that the appeal from so much of the order of disposition as, upon the appellant's consent, placed him in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility for a period of up to 18 months, with a minimum of six months and with credit for time served, is dismissed, without costs or disbursements; and it is further,

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

The appeal from so much of the order of disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility for a period of up to 18 months, with a minimum of six months and with credit for time served, must be dismissed, inasmuch as the appellant consented to the disposition and thus is not aggrieved thereby ( see CPLR 5511; Matter of Jayson V., 117 A.D.3d 960, 985 N.Y.S.2d 891; Matter of Keir B., 115 A.D.3d 855, 982 N.Y.S.2d 347; Matter of Cristian C., 104 A.D.3d 941, 942, 962 N.Y.S.2d 335). In any event, the appeal from that part of the order is academic since the period of placement has expired ( see Matter of Jonathan E., 119 A.D.3d 943, 989 N.Y.S.2d 876; Matter of Shakir J., 119 A.D.3d 792, 793, 990 N.Y.S.2d 85). However, since there may be collateral consequences resulting from the adjudication of delinquency, the appeal from so much of the order of disposition as adjudicated the appellant a juvenile delinquent, and which brings up for review the order of fact-finding dated April 4, 2012, and the first order dated August 13, 2013, denying his motion to dismiss the petition, has not been rendered academic ( see Matter of Jonathan...