From Casetext: Smarter Legal Research

Matter of Tristan W

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 585 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

Appeal from the Family Court, Kings County (Hepner, J.).


Ordered that the order of disposition entered December 22, 1997, is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Family Court's finding that he violated the terms of his second conditional discharge was supported by a preponderance of the evidence ( see, Family Ct Act § 360.3; see also, Matter of Julies R., 250 A.D.2d 855; Matter of Amanda RR., 230 A.D.2d 451; Matter of Alpheaus M., 168 A.D.2d 208; Matter of Gregory M., 131 Misc.2d 942).

The Family Court did not improvidently exercise its discretion in placing the appellant with the Office of Family and Children Services for a period of 18 months. The Family Court has wide discretion in entering dispositional orders ( see, Family Ct Act § 141; Matter of Shariyf W., 245 A.D.2d 383). Moreover, it is well settled that "[t]he least restrictive alternative test does not require the court to actually try the lowest form of intervention, have it fail, and then try each succeeding level of intervention before ordering * * * placement" ( Matter of Anthony M., 142 A.D.2d 731, 732; see, Matter of Lloyd L., 246 A.D.2d 651; Matter of Jason W., 207 A.D.2d 495; Matter of Jamil W., 184 A.D.2d 513). The Family Court's decision demonstrated that it carefully considered less restrictive alternatives to placement and balanced the needs of the appellant and the need for the protection of the community ( see, Family Ct Act § 352.2 Fam. Ct. Act [2]).

The appellant's remaining contention is without merit.

Bracken, J. P., Sullivan, Altman and Friedmann, JJ., concur.


Summaries of

Matter of Tristan W

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 585 (N.Y. App. Div. 1999)
Case details for

Matter of Tristan W

Case Details

Full title:IN THE MATTER OF TRISTAN W., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Feb 16, 1999

Citations

258 A.D.2d 585 (N.Y. App. Div. 1999)
685 N.Y.S.2d 477

Citing Cases

In re Sharice B.

Contrary to the appellant's contention, the Family Court did not improvidently exercise its discretion in…

Mtr. of Yasin

On appeal, the appellant contends the proper disposition should have been an adjournment in contemplation of…