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IN RE DOMINIQUE

Appellate Division of the Supreme Court of New York, Second Department.
Dec 2, 2008
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Ordered that the appeal from so much of the order as placed the appellant in the custody of the Nassau County Department of Social Services for a period of six months for placement at the Saint Anne's Group Home is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

The Family Court did not improvidently exercise its discretion in revoking the original order of disposition which placed the appellant on probation. The presentment agency adduced "competent proof that the [appellant] without just cause failed to comply with [the] terms and conditions" of her probation (Family Ct Act ยง 779).

The appellant's contention with respect to her placement is academic inasmuch as the placement has expired pursuant to its terms ( see Matter of Joseph R., 49 AD3d 651; Matter of Jeffrey McG., 8 AD3d 571; Matter of Angelina S., 304 AD2d 833, 833-834).