Matter of Brendon H.
2007 NY Slip Op 07089 [43 AD3d 1283]
September 28, 2007
Appellate Division, Fourth Department
As corrected through Wednesday, November 7, 2007


In the Matter of Brendon H., Appellant. Monroe County Attorney,Respondent.

[*1]Ardeth L. Houde, Law Guardian, Rochester, for respondent-appellant.

Daniel M. DeLaus, County Attorney, Rochester (Kim Koski Taylor of counsel), forpetitioner-respondent.

Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), enteredNovember 16, 2006 in a proceeding pursuant to Family Court Act article 3. The order placedrespondent with the New York State Office of Children and Family Services for a period of 12months.

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

Memorandum: We reject the contention of respondent that Family Court erred in placing himin a "limited secure facility" pursuant to Family Court Act § 353.3 (3) (b) as the result ofhis admitted violation of probation. The court has broad discretion in determining the appropriatedisposition in juvenile delinquency proceedings (see Matter of Richard W., 13 AD3d 1063, 1064 [2004]), and herethe court did not abuse that discretion. Contrary to respondent's contention, the record establishesthat the disposition ordered by the court is "the least restrictive available alternative. . . which is consistent with the needs and best interests of the respondent and theneed for protection of the community" (Family Ct Act § 352.2 [2] [a]).Present—Scudder, P.J., Martoche, Centra, Green and Pine, JJ.


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