Matter of Joseph B.
2008 NY Slip Op 02414 [49 AD3d 1309]
March 14, 2008
Appellate Division, Fourth Department
As corrected through Wednesday, May 14, 2008


In the Matter of Joseph B., Appellant. Monroe County Attorney,Respondent.

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

Appeal from an order of the Family Court, Monroe County (Marilyn L. O'Connor, J.),entered June 14, 2007 in a proceeding pursuant to Family Court Act article 3. The order, amongother things, adjudged that respondent is a juvenile delinquent and placed respondent in thecustody of the New York State Office of Children and Family Services for placement in a limitedsecure facility.

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

Memorandum: Family Court did not abuse its broad discretion in this juvenile delinquencyproceeding by placing respondent in a limited secure facility, "the least restrictive availablealternative . . . which is consistent with the needs and best interests of therespondent and the need for protection of the community" (Family Ct Act § 352.2 [2] [a];see Matter of Brendon H., 43 AD3d1283 [2007]). The record of the dispositional hearing establishes that respondent is in needof drug treatment, psychological counseling, special educational services and a structuredenvironment, and the court properly determined that those needs can be addressed mosteffectively in a limited secure facility (see Matter of Vidal W., 267 AD2d 1104 [1999];Matter of Willie J.H., 258 AD2d 938 [1999]). Present—Hurlbutt, J.P., Martoche,Lunn, Green and Gorski, JJ.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.