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In re W. E. (Anonymous)

Supreme Court of New York, Second Department

June 26, 2013

In the Matter of W. E. (Anonymous), appellant. Docket No. E-11510-11

Joseph H. Nivin, Jamaica, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Moon Choi of counsel), for respondent.

RANDALL T. ENG, P.J., RUTH C. BALKIN, SHERI S. ROMAN, ROBERT J. MILLER, JJ.

DECISION & ORDER

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, W.E. appeals from an order of disposition of the Family Court, Queens County (Hunt, J.), dated July 19, 2012, which, upon a finding that he violated the conditions of a term of probation previously imposed by the same court in an order of disposition dated October 6, 2011, placing him on probation for a period of 18 months, vacated the order of disposition dated October 6, 2011, and placed him with the Office of Children and Family Services for a period of 18 months.

ORDERED that the order of disposition dated July 19, 2012, is affirmed, without costs or disbursements.

The Family Court has broad discretion in entering dispositional orders (see Matter of Daqwan J., 57 A.D.3d 780; Matter of Felipe G., 34 A.D.3d 477, 477). Here, the Family Court providently exercised its discretion in placing the appellant with the Office of Children and Family Services for a period of 18 months. Contrary to the appellant's contention, the disposition was the least restrictive alternative consistent with his best interests and the needs of the community in light of the appellant's violations of the terms and conditions of probation, his home environment, the findings in the mental health services report, and the recommendations in the probation report (see Family Ct Act § 352.2[2][a]; Matter of Jalen G., 104 A.D.3d 853, 853-854; Matter of Leonard J., 67 A.D.3d 911, 912; Matter of Terrance B., 40 A.D.3d 1083, 1085).

ENG, P.J., BALKIN, ROMAN and MILLER, JJ., concur.


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