From Casetext: Smarter Legal Research

Matter of Frank

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 596 (N.Y. App. Div. 1995)

Opinion

January 31, 1995

Appeal from the Family Court, New York County (Marjory Fields, J.).


Family Court properly exercised its discretion in placing respondent in a non-secure facility, and removing him from the community, after reasonably determining at the hearings that, inter alia, respondent was not remorseful, had a prior drug problem, and a history of truancy (Matter of Gilberto O., 203 A.D.2d 180). Moreover, the evidence demonstrated that respondent's relatives' homes were not suitable alternatives under the circumstances. (Family Ct Act § 352.2 [a].) It cannot be said that the placement imposed, considering respondent's need for intense supervision and control, was more restrictive than necessary (Matter of Rafael M., 166 A.D.2d 393).

Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.


Summaries of

Matter of Frank

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 596 (N.Y. App. Div. 1995)
Case details for

Matter of Frank

Case Details

Full title:In the Matter of FRANK C., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Jan 31, 1995

Citations

211 A.D.2d 596 (N.Y. App. Div. 1995)
621 N.Y.S.2d 876

Citing Cases

Matter of James

For the reasons stated in Matter of Deshone C. ( 207 A.D.2d 756, lv denied 85 N.Y.2d 801), there is no merit…

In re Alizia McK.

Under the specific circumstances of this case, where at least one parent was available for consultation at…