Ordered that the appeal is dismissed as academic, without costs or disbursements.
In general, an appeal will be considered academic, if the rights of the parties will not be directly affected by the determination of the appeal (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714; Town of Islip v. Cuomo, 147 A.D.2d 56, 65). Correction Law § 611 (2) provides that a child may remain in a correctional institution with his or her mother for such a period as seems desirable for the welfare of the child, "but not after [he or she] is one year of age". The petitioner's child, born September 23, 1988, is clearly beyond the permissible age. Thus, the rights of the parties cannot be affected by the determination of this appeal. The appeal is therefore dismissed as academic. Thompson, J.P., Sullivan, O'Brien and Ritter, JJ., concur.