X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: June 28, 2007 501240 ________________________________ In the Matter of BENJAMIN NN., a Juvenile Delinquent. SULLIVAN COUNTY PROBATION DEPARTMENT, Respondent; BENJAMIN NN., Appellant. ___________________________ Calendar Date: June 5, 2007 Before: Crew III, J.P., Peters, Carpinello, Mugglin and Kane, JJ. __________ Dana Rudikoff, Kingston, for appellant. Sam Yagsur, County Attorney, Monticello (Glen Rosenstein of counsel), for respondent. __________ Peters, J. Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered September 5, 2006, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to find respondent in violation of a prior order of disposition. After having perpetrated an act which, if committed by an adult, would constitute the crime of petit larceny, respondent was adjudicated a juvenile delinquent and placed on probation for a period of 12 months. Petitioner thereafter commenced this proceeding alleging that respondent breached the terms of his probation. Upon respondent’s admission that he violated his probation by using marihuana, consuming alcohol and getting disciplined at school, Family Court found that he was in violation of its prior order of disposition imposing probation and scheduled a dispositional hearing. Following that hearing, Family Court, among other things, remanded respondent to the custody of the Sullivan County Commissioner of Social Services to be held in nonsecure detention pending residential placement. Respondent now appeals, arguing that placement in therapeutic foster care was the more appropriate, least restrictive alternative for him. In making its decision, Family Court considered respondent’s failure to abide by the conditions of his probation, difficulties in living at home with his parents, noncompliance with various programs, lack of success with preventive services and unauthorized absences from school. Under the facts and circumstances of this case, we conclude that Family Court properly concluded that residential placement was the least restrictive available alternative (see Matter of Amanda RR., 230 AD2d 451 [1997]). Accordingly, the order is affirmed. Crew III, J.P., Carpinello, Mugglin and Kane, JJ., concur. ORDERED that the order is affirmed, without costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›

Exciting Career Opportunities at Nuzzo & Roberts! Nuzzo & Roberts, a leading mid-sized insurance defense firm based in Cheshire, CT...


Apply Now ›