SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

445 

CAF 11-01173 

PRESENT: SMITH, J.P., LINDLEY, SCONIERS, AND MARTOCHE, JJ. 

 

IN THE MATTER OF HALEY M.T., 

RESPONDENT-APPELLANT. 

--------------------------------- MEMORANDUM AND ORDER

PENN YAN CENTRAL SCHOOL DISTRICT, 

PETITIONER-RESPONDENT. 

SUSAN B. MARRIS, ATTORNEY FOR THE CHILD, MANLIUS, FOR

RESPONDENT-APPELLANT. 

DIANNE S. LOVEJOY, PENN YAN, FOR PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Yates County (W.

Patrick Falvey, J.), entered March 15, 2011 in a proceeding pursuant

to Family Court Act article 7. The order, among other things,

adjudged that respondent is a person in need of supervision. 

It is hereby ORDERED that said appeal from the order insofar as

it concerned placement is unanimously dismissed and the order is

otherwise affirmed without costs.

Memorandum: On appeal from an order adjudicating her a person in

need of supervision (PINS) and placing her in the custody of the

Commissioner of Social Services for a period of one year, respondent

contends that Family Court failed to advise her of her right to remain

silent at the dispositional hearing (see Family Ct Act § 741 [a]),

that the order of fact-finding and disposition fails to comply with

section 754 (2), and that placement is not an appropriate disposition. 

Those contentions are moot because the placement order expired on

March 7, 2012 (see Matter of Todd B., 4 AD3d 650; Matter of Shannon

R., 278 AD2d 939), “and this matter does not fall within the

exception[] to the mootness doctrine” (Shannon R., 278 AD2d 939). 

Despite the expiration of respondent’s placement, however, her

challenge to the underlying PINS adjudication is not moot (see Matter

of Sonya LL., 53 AD3d 727, 728).

Respondent further contends that the order should be reversed and

the petition dismissed because the court failed to comply with Family

Court Act § 742 (b), which “require[s] the Court to review the prepetition services” at the initial appearance (Sobie, Practice

Commentaries, McKinney’s Cons Laws of NY, Book 29A, at 107; see also §

735). That contention is raised for the first time on appeal, and

thus respondent failed to preserve it for our review (see generally

Matter of Alexander C., 83 AD3d 1058, 1059; Matter of Vanessa S., 20

AD3d 924). In any event, respondent’s contention lacks merit. The

petition and documents attached thereto establish that petitioner
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CAF 11-01173 

complied with the substantive statutory requirements of Family Court

Act §§ 732 and 735 (see Matter of Mercedes M.M., 52 AD3d 1210, 1211;

cf. Matter of Nicholas R.Y., 91 AD3d 1321, 1322; Matter of James L.

[appeal No. 2], 74 AD3d 1775, 1775-1776; Matter of Rajan M., 35 AD3d

863, 864-865), and the court’s comments at the initial appearance

demonstrate that the court had reviewed petitioner’s efforts to divert

this case pursuant to section 735. Contrary to respondent’s further

contention, she received meaningful representation (see Matter of

Elijah D., 74 AD3d 1846, 1847; Matter of Grabiel V., 59 AD3d 1132,

1133, lv denied 12 NY3d 711).

Respondent failed to take an appeal from the order settling the

record, and her contentions with respect to that order therefore are

not properly before us (see Oubre v Carpenter, 241 AD2d 964, 965). 

Entered: June 15, 2012 Frances E. Cafarell

Clerk of the Court