In re James W.

Appellate Division of the Supreme Court of New York

In re James W.

248 A.D.2d 1012, 670 N.Y.S.2d 153, 1998 N.Y. App. Div. LEXIS 3106

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

DecidedMarch 13, 1998

StatusPublished

This text of 248 A.D.2d 1012 (In re James W.) 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 James W., 248 A.D.2d 1012, 670 N.Y.S.2d 153, 1998 N.Y. App. Div. LEXIS 3106 (N.Y. Ct. App. 1998).

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Opinion

—Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that Family Court abused its discretion in revoking his probation and placing him with the Division for Youth. A court is not compelled to continue a juvenile delinquent on probation where the conduct constituting a violation of the conditions of probation occurs within one week of the effective date of the order of probation and before the Probation Department has provided any services. A violation petition may be filed “at any time during the period of an order of probation” (Family Ct Act § 360.2 [1]). (Appeal from Order of Monroe County Family Court, Kohout, J. — Violation of Probation.)

Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.

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—Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that Family Court abused its discretion in revoking his probation and placing him with the Division for Youth. A court is not compelled to continue a juvenile delinquent on probation where the conduct constituting a violation of the conditions of probation occurs within one week of the effective date of the order of probation and before the Probation Department has provided any services. A violation petition may be filed “at any time during the period of an order of probation” (Family Ct Act § 360.2 [1]). (Appeal from Order of Monroe County Family Court, Kohout, J. — Violation of Probation.)

Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.

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Bluebook (online)

248 A.D.2d 1012, 670 N.Y.S.2d 153, 1998 N.Y. App. Div. LEXIS 3106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-james-w-nyappdiv-1998.

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