In re Evan P.
Appeal from an order of the Family Court of St. Lawrence County (Rogers, J.), entered October 11, 2002, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to modify respondent’s placement.
By reason of respondent’s continued behavioral problems, petitioner sought, pursuant to Family Ct Act § 355.1, an order modifying the original order of disposition which had placed respondent, as a juvenile delinquent, with petitioner until February 21, 2003. After a hearing, Family Court modified respondent’s placement by transferring his custody to the Office of Children and Family Services. Despite the clear mandate of Family Ct Act § 355.1 (3), Family Court also extended respondent’s placement seven months, that is, to September 26, 2003. Respondent now appeals.
Petitioner’s counsel has candidly advised the Court that he agrees that Family Court exceeded its jurisdiction when it extended respondent’s placement. However, where the sole issue on appeal is the validity of a placement period of a juvenile delinquent, the expiration of the placement period and release from custody renders the appeal moot (see Matter of Kristie II.,
Crew III, J.E, Spain, Rose and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.