In re Draielle P.

Appellate Division of the Supreme Court of New York

In re Draielle P.

47 A.D.3d 937, 849 N.Y.S.2d 783

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

DecidedJanuary 29, 2008

StatusPublished

Cited by2 cases

This text of 47 A.D.3d 937 (In re Draielle P.) 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 Draielle P., 47 A.D.3d 937, 849 N.Y.S.2d 783 (N.Y. Ct. App. 2008).

Pincite

Opinion

In a proceeding pursuant to Family Court Act article 7, the Westchester County Department of Probation appeals, as limited by its brief, from so much of an order of disposition of the Family Court, Westchester County (Klein, J.), dated May 16, [938]*9382007, as, upon finding that Draielle R, a person adjudged to be a person in need of supervision, had violated the terms and conditions of her probation, placed her in the custody of the Westchester County Department of Social Services only until May 18, 2007.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The determination of an appropriate disposition is a matter that rests within the Family Court’s discretion (see Family Ct Act § 779; cf. Matter of Ashlie B., 37 AD3d 997, 998 [2007]; Matter of Brittany S., 298 AD2d 997 [2002]; Matter of Jeremy L., 220 AD2d 908, 909 [1995]; Matter of April FF., 195 AD2d 860, 861 [1993]). Under the particular circumstances of this case, the Family Court’s disposition constituted a provident exercise of discretion.

In light of our determination, we reach no other issue. Fisher, J.P., Lifson, Covello and McCarthy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to Family Court Act article 7, the Westchester County Department of Probation appeals, as limited by its brief, from so much of an order of disposition of the Family Court, Westchester County (Klein, J.), dated May 16, [938]*9382007, as, upon finding that Draielle R, a person adjudged to be a person in need of supervision, had violated the terms and conditions of her probation, placed her in the custody of the Westchester County Department of Social Services only until May 18, 2007.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The determination of an appropriate disposition is a matter that rests within the Family Court’s discretion (see Family Ct Act § 779; cf. Matter of Ashlie B., 37 AD3d 997, 998 [2007]; Matter of Brittany S., 298 AD2d 997 [2002]; Matter of Jeremy L., 220 AD2d 908, 909 [1995]; Matter of April FF., 195 AD2d 860, 861 [1993]). Under the particular circumstances of this case, the Family Court’s disposition constituted a provident exercise of discretion.

In light of our determination, we reach no other issue. Fisher, J.P., Lifson, Covello and McCarthy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

47 A.D.3d 937, 849 N.Y.S.2d 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-draielle-p-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack