In re Michael L.

Appellate Division of the Supreme Court of New York

In re Michael L.

15 A.D.3d 1010, 788 N.Y.S.2d 916, 2005 N.Y. App. Div. LEXIS 1007

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

DecidedFebruary 4, 2005

StatusPublished

This text of 15 A.D.3d 1010 (In re Michael L.) 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.

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In re Michael L., 15 A.D.3d 1010, 788 N.Y.S.2d 916, 2005 N.Y. App. Div. LEXIS 1007 (N.Y. Ct. App. 2005).

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Opinion

Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered February 13, 2004. The order placed respondent in the custody of the New York State Office of Children and Family Services to be placed in a limited secure facility for a period of 12 months effective February 4, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of disposition directing that he be placed for a period of 12 months in the custody of the New York State Office of Children and Family Services. Contrary to respondent’s contention, Family Court properly considered the evidence presented at the dispositional hearing, including the probation report and the mental health evaluation, in determining that placement is the least restrictive alternative that provided both for the best interests of respondent and for the protection of the community (see Family Ct Act § 352.2 [2] [a]; Matter of Yancy W., 231 AD2d 856, 857 [1996]). We have reviewed respondent’s remaining contention and conclude that it is without merit. Present — Scudder, J.E, Kehoe, Martoche and Lawton, JJ.

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Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered February 13, 2004. The order placed respondent in the custody of the New York State Office of Children and Family Services to be placed in a limited secure facility for a period of 12 months effective February 4, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of disposition directing that he be placed for a period of 12 months in the custody of the New York State Office of Children and Family Services. Contrary to respondent’s contention, Family Court properly considered the evidence presented at the dispositional hearing, including the probation report and the mental health evaluation, in determining that placement is the least restrictive alternative that provided both for the best interests of respondent and for the protection of the community (see Family Ct Act § 352.2 [2] [a]; Matter of Yancy W., 231 AD2d 856, 857 [1996]). We have reviewed respondent’s remaining contention and conclude that it is without merit. Present — Scudder, J.E, Kehoe, Martoche and Lawton, JJ.

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Bluebook (online)

15 A.D.3d 1010, 788 N.Y.S.2d 916, 2005 N.Y. App. Div. LEXIS 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-l-nyappdiv-2005.

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