Opinion
October 1, 1993
Appeal from the Erie County Family Court, LoRusso, J.
Present — Denman, P.J., Balio, Fallon, Doerr and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Respondent failed to establish a substantial change in circumstances; therefore, a new hearing was not required (see, Family Ct Act § 355.1). Family Court found that, as reported by a psychologist for the Division for Youth, respondent was admitted to an appropriate residential sex offender treatment program at a Division for Youth facility. That placement was in the best interests of respondent and was necessary for the protection of the community. We previously affirmed the order of Family Court that committed respondent to a residential placement with the Division for Youth as necessary for the protection of the community (see, Matter of Todd B. [appeal No. 2], 190 A.D.2d 1035). Family Court properly determined that there was no substantial change of circumstances requiring a hearing regarding that placement.