H., JR., MICHAEL, MTR. OF

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [1053] CAF 12-00602 PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ. IN THE MATTER OF MICHAEL H., JR., RESPONDENT-APPELLANT. --------------------------------- MEMORANDUM AND ORDER ERIE COUNTY ATTORNEY, PETITIONER-RESPONDENT. DAVID C. SCHOPP, ATTORNEY FOR THE CHILD, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR RESPONDENT-APPELLANT. MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (MICHAEL J. LISZEWSKI OF COUNSEL), FOR PETITIONER-RESPONDENT. Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered October 27, 2011 in a proceeding pursuant to Family Court Act article 3. The order placed respondent on probation for a period of six months. It is hereby ORDERED that said appeal is unanimously dismissed without costs. Memorandum: On appeal from an order that adjudicated him to be a juvenile delinquent and placed him on probation for a term of six months, respondent contends only that, by imposing a term of probation and issuing an order of protection, Family Court failed to adopt the “least restrictive available alternative” as required by Family Court Act § 352.2 (2) (a). Inasmuch as the term of probation and order of protection issued by the court have expired, this appeal is moot (see Matter of Alex N., 255 AD2d 626, 627 ). Entered: October 5, 2012 Frances E. Cafarell Clerk of the Court