| Matter of Kyshawn J. |
| 2018 NY Slip Op 00798 |
| Decided on February 6, 2018 |
| Appellate Division, First Department |
| 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 February 6, 2018
Richter, J.P., Mazzarelli, Webber, Kern, Oing, JJ.
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Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Barbara Graves-Poller of counsel), for presentment agency.
Appeal from order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about August 30, 2016, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of petit larceny, and placed him on probation for a period of 12 months, with restitution in the amount of $949, unanimously dismissed, as moot, without costs.
This appeal is moot because the order has been vacated and superseded by a subsequent order placing appellant with the Administration for Children's Services' Close to Home program
(see Matter of Fawaz A. [Franklyn B.C.], 112 AD3d 550 [1st Dept 2013]). In any event, the disposition, including the provision for restitution, was a provident exercise of discretion.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 6, 2018
CLERK