In re Salvatore A.

Appellate Division of the Supreme Court of New York

In re Salvatore A.

154 A.D.2d 930

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

DecidedOctober 6, 1989

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 154 A.D.2d 930 (In re Salvatore A.) 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 Salvatore A., 154 A.D.2d 930 (N.Y. Ct. App. 1989).

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Order unanimously modified on the law without costs and as modified affirmed, in accordance with the following memorandum: The court exceeded its power in ordering that respondent could not be released following placement with the Division for Youth "without prior Order by this court.” Thus, that language must be stricken from both orders. A placement expires at the end [931]*931of the term unless an extension of placement is timely sought by a person authorized by Family Court Act § 355.3 (1) and is granted (see generally, Besharov, Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, 1989 Pocket Part, Family Ct Act § 355.3, at 128). (Appeal from order of Erie County Family Court, Sedita, J. — juvenile delinquency.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.

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Order unanimously modified on the law without costs and as modified affirmed, in accordance with the following memorandum: The court exceeded its power in ordering that respondent could not be released following placement with the Division for Youth "without prior Order by this court.” Thus, that language must be stricken from both orders. A placement expires at the end [931]*931of the term unless an extension of placement is timely sought by a person authorized by Family Court Act § 355.3 (1) and is granted (see generally, Besharov, Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, 1989 Pocket Part, Family Ct Act § 355.3, at 128). (Appeal from order of Erie County Family Court, Sedita, J. — juvenile delinquency.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.

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154 A.D.2d 930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-salvatore-a-nyappdiv-1989.

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