From Casetext: Smarter Legal Research

In re Joseph

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1309 (N.Y. App. Div. 2008)

Opinion

No. CAF 07-02044.

March 14, 2008.

Appeal from an order of the Family Court, Monroe County (Marilyn L. O'Connor, J.), entered June 14, 2007 in a proceeding pursuant to Family Court Act article 3. The order, among other things, adjudged that respondent is a juvenile delinquent and placed respondent in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility.

Present: Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Family Court did not abuse its broad discretion in this juvenile delinquency proceeding by placing respondent in a limited secure facility, "the least restrictive available alternative . . . which is consistent with the needs and best interests of the respondent and the need for protection of the community" (Family Ct Act § 352.2 [a]; see Matter of Brendon H., 43 AD3d 1283). The record of the dispositional hearing establishes that respondent is in need of drug treatment, psychological counseling, special educational services and a structured environment, and the court properly determined that those needs can be addressed most effectively in a limited secure facility ( see Matter of Vidal W., 267 AD2d 1104; Matter of Willie J.H., 258 AD2d 938).


Summaries of

In re Joseph

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1309 (N.Y. App. Div. 2008)
Case details for

In re Joseph

Case Details

Full title:In the Matter of JOSEPH B., Appellant. MONROE COUNTY ATTORNEY, Respondent

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

Date published: Mar 14, 2008

Citations

49 A.D.3d 1309 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2414
852 N.Y.S.2d 871

Citing Cases

In re Ryan G.

orders of disposition, the Family Court providently exercised its discretion in placing the appellant in the…