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In the Matter of Christian T.L

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2004
8 A.D.3d 670 (N.Y. App. Div. 2004)

Opinion

2003-08074.

Decided June 28, 2004.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Suffolk County (Freundlich, J.), entered August 14, 2003, which, after a hearing, found that the appellant violated the conditions of a term of probation previously imposed by the same court on April 2, 2003.

J. Henry Neale, Jr., White Plains, N.Y., for appellant.

Christine Malafi, County Attorney, Central Islip, N.Y. (James A. Widirstky of counsel), for respondent.

Before: SONDRA MILLER, J.P., ROBERT W. SCHMIDT, REINALDO E. RIVERA, ROBERT A. SPOLZINO, JJ.


DECISION ORDER

ORDERED that the order of disposition is affirmed, without costs or disbursements.

A petition alleging a violation of probation is facially sufficient if nonhearsay allegations contained therein, or supporting documents, establish every violation charged ( see Family Court Act § 360.2; Matter of Darrell CC., 299 A.D.2d 757; Matter of Jessica N., 264 A.D.2d 778). Noncompliance with this requirement renders the petition jurisdictionally defective, compelling dismissal ( see Matter of Darrell CC., supra). Here, the Family Court properly sustained the violation of probation petition, which was not jurisdictionally defective ( see Family Court Act § 360.2).

The appellant's remaining contentions are without merit.

S. MILLER, J.P., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.


Summaries of

In the Matter of Christian T.L

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2004
8 A.D.3d 670 (N.Y. App. Div. 2004)
Case details for

In the Matter of Christian T.L

Case Details

Full title:IN THE MATTER OF CHRISTIAN T.L. (Anonymous). (Docket No. D-1461/03)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 28, 2004

Citations

8 A.D.3d 670 (N.Y. App. Div. 2004)
778 N.Y.S.2d 902

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