Opinion
(1665) CAF 01-01816
December 21, 2001.
(Appeal from Order of Monroe County Family Court, Donofrio, J. — Violation of Probation.)
PRESENT: PINE, J.P., WISNER, KEHOE, GORSKI AND LAWTON, JJ.
Order unanimously affirmed without costs. Memorandum:
Respondent appeals from an order that, based upon his admission, found that he had violated the conditions of a term of probation imposed on a prior adjudication of juvenile delinquency. Respondent contends that Family Court denied him due process and equal protection and otherwise erred when, without conducting a dispositional hearing, the court refused to follow the recommendation of the Probation Department and instead terminated probation and placed respondent in the custody of the Office of Children and Family Services for 12 months. Those contentions are unpreserved for our review ( see, Matter of Derrick T. M., Jr., 286 A.D.2d 938; Matter of Jennifer WW., 274 A.D.2d 778, 779, lv denied 95 N.Y.2d 764) and in any event lack merit. The court was not required to follow the recommendation of the Probation Department ( see, Matter of Dennis ZZ., 159 A.D.2d 880), nor was it required to conduct a dispositional hearing upon finding that respondent violated the conditions of a term of probation previously imposed ( see, Matter of Edwin L., 88 N.Y.2d 593, 601, citing Family Ct Act § 360.3; Matter of Louis W., 282 A.D.2d 686; Matter of Vincent B., 239 A.D.2d 925, 926). The court did not abuse its discretion in determining the appropriate disposition.