Opinion
1301
September 17, 2002.
Kristin M. Helmers, for agency
Tom, J.P., Andrias, Saxe, Ellerin, Wallach, JJ.
Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about June 5, 2001, which adjudicated appellant a juvenile delinquent, upon her admission that she had committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed her on probation for 12 months, unanimously affirmed, without costs.
Appellant, 15 years old at the time, admitted having hit a teacher during an altercation in the gym on February 27, 2001. This act would constitute a misdemeanor assault.
Family Court cannot be said to have improvidently exercised its discretion in denying the application for an adjournment in contemplation of dismissal (Matter of Nikkia, C., 187 A.D.2d 581). Nor did the court err in ordering probation (Family Court Act 353.2).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.