In re Dennis D.

Appellate Division of the Supreme Court of New York

In re Dennis D.

59 A.D.2d 782, 398 N.Y.S.2d 739, 1977 N.Y. App. Div. LEXIS 13840

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1977

StatusPublished

This text of 59 A.D.2d 782 (In re Dennis D.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Dennis D., 59 A.D.2d 782, 398 N.Y.S.2d 739, 1977 N.Y. App. Div. LEXIS 13840 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Kings County, dated April 5, 1976, which, upon a finding after a hearing that appellant had committed acts which, if done by an adult, would constitute the crime of criminal possession of stolen property, adjudicated him a juvenile delinquent and placed him on probation for six months. Order reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and petition dismissed. The Family Court Judge indicated that he would dismiss the petition herein if it appeared that the appellant was regularly attending school and was "going to make something of himself’. The Law Guardian told the court that both appellant’s mother and the probation report indicated that appellant was going to school. The court, nevertheless, thereafter adjudicated appellant a juvenile delinquent and placed him on probation for six months. Under all of the circumstances discussed, and in view of the fact that the term of probation [783]*783has expired, the proceeding should be dismissed. Shapiro, J. P., Titone, Suozzi and O’Connor, JJ., concur.

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In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Kings County, dated April 5, 1976, which, upon a finding after a hearing that appellant had committed acts which, if done by an adult, would constitute the crime of criminal possession of stolen property, adjudicated him a juvenile delinquent and placed him on probation for six months. Order reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and petition dismissed. The Family Court Judge indicated that he would dismiss the petition herein if it appeared that the appellant was regularly attending school and was "going to make something of himself’. The Law Guardian told the court that both appellant’s mother and the probation report indicated that appellant was going to school. The court, nevertheless, thereafter adjudicated appellant a juvenile delinquent and placed him on probation for six months. Under all of the circumstances discussed, and in view of the fact that the term of probation [783]*783has expired, the proceeding should be dismissed. Shapiro, J. P., Titone, Suozzi and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 782, 398 N.Y.S.2d 739, 1977 N.Y. App. Div. LEXIS 13840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dennis-d-nyappdiv-1977.