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Matter of Kyle

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1978
60 A.D.2d 847 (N.Y. App. Div. 1978)

Opinion

January 3, 1978


In a juvenile delinquency proceeding, the appeal is from an order of the Family Court, Kings County, dated May 6, 1977, which, after a fact-finding determination that appellant had committed acts which if done by an adult would constitute the crime of robbery in the second degree, placed him with the Division for Youth. Order reversed, on the law, without costs or disbursements, and proceeding remitted to the Family Court for a new dispositional hearing. The failure of the Family Court Judge to direct the ultimate placement of appellant in a particular facility or class of agency requires that appellant be granted a new dispositional hearing. Subdivision (a) of section 756 FCT of the Family Court Act does not authorize unspecified placements in which the Division for Youth is given complete discretion for placement in any type of facility (see Matter of Francisco R., 56 A.D.2d 847). Rabin, J.P., Titone, Suozzi and Mollen, JJ., concur.


Summaries of

Matter of Kyle

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1978
60 A.D.2d 847 (N.Y. App. Div. 1978)
Case details for

Matter of Kyle

Case Details

Full title:In the Matter of KYLE S., Appellant

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

Date published: Jan 3, 1978

Citations

60 A.D.2d 847 (N.Y. App. Div. 1978)

Citing Cases

Matter of Kyle

July 24, 1978 Upon the court's own motion, and upon the brief of the Division for Youth and the appellant's…

Matter of Felix R

Subdivision (a) of section 756 Fam. Ct. Act of the Family Court Act does not authorize unspecified placements…