Matter of Michael H.
2012 NY Slip Op 06723 [99 AD3d 1258]
October 5, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


In the Matter of Michael H., Jr., Appellant. Erie County Attorney, Respondent.

[*1] David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of counsel), for respondent-appellant.

Michael A. Siragusa, County Attorney, Buffalo (Michael J. Liszewski of counsel), for petitioner-respondent.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered October 27, 2011 in a proceeding pursuant to Family Court Act article 3. The order placed respondent on probation for a period of six months.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: On appeal from an order that adjudicated him to be a juvenile delinquent and placed him on probation for a term of six months, respondent contends only that, by imposing a term of probation and issuing an order of protection, Family Court failed to adopt the "least restrictive available alternative" as required by Family Court Act § 352.2 (2) (a). Inasmuch as the term of probation and order of protection issued by the court have expired, this appeal is moot (see Matter of Alex N., 255 AD2d 626, 627 [1998]). Present—Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.