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Matter of Shannon R

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 939 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Order of Wayne County Family Court, Kehoe, J. — Person In Need Of Supervision.

PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND LAWTON, JJ.


Appeal from order insofar as it concerns placement unanimously dismissed and order affirmed without costs.

Memorandum:

Respondent appeals from an order adjudicating her a person in need of supervision and placing her in the custody of the Commissioner of Social Services (Commissioner) for a period expiring on December 21, 2000. Respondent contends that placement with the Commissioner is not an appropriate disposition; that the order fails to comply with Family Court Act § 754 (2) because it does not state the rationale for the placement; and that Family Court failed to comply with Family Court Act § 741 (a) by advising her of her right to remain silent during the dispositional hearing. All of those contentions are moot because the placement order expired on December 21, 2000 ( see, Matter of Jessica MM ., 256 A.D.2d 1027, 1028; Matter of Alex N., 255 A.D.2d 626, 627; Matter of Kristie II., 252 A.D.2d 807, 808), and this matter does not fall within the exceptions to the mootness doctrine ( cf., Matter of Kevin R., 251 A.D.2d 1022, 1023).

Finally, respondent contends that the court violated her right to a speedy disposition pursuant to Family Court Act § 749 (b) and thus the petition should be dismissed. Because the Law Guardian did not move to dismiss the petition on that ground, that right was waived ( see, Matter of Harry J., 191 A.D.2d 1016, 1017).


Summaries of

Matter of Shannon R

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 939 (N.Y. App. Div. 2000)
Case details for

Matter of Shannon R

Case Details

Full title:MATTER OF SHANNON R., RESPONDENT-APPELLANT. MICHAEL REHO, PRINCIPAL OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 27, 2000

Citations

278 A.D.2d 939 (N.Y. App. Div. 2000)
718 N.Y.S.2d 677

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