Opinion
November 5, 1998
Appeal from the Family Court of Broome County (Hester, J.).
Following a fact-finding hearing, respondent was found guilty of committing an act which, if committed by an adult, would constitute the crime of assault in the third degree and, accordingly, was adjudicated a juvenile delinquent. A dispositional hearing was held after which Family Court placed respondent with the Division for Youth for a period of 12 months. Respondent now appeals, challenging only the propriety of the court's order of disposition. Because this order expired on December 24, 1997 and there is no assertion that the disposition was extended, the instant appeal is moot and must be dismissed ( see, Matter of Anthony G., 247 A.D.2d 792, 793; Matter of Demitris O., 193 A.D.2d 977, lv denied 82 N.Y.2d 655; see also, Matter of Randy SS., 226 A.D.2d 799). In any event, we discern no abuse of discretion in the court's placement of respondent (see, Family Ct Act § 352.2 [a]).
Cardona, P. J., Mikoll, Crew III and White, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.