| Matter of Arsenio M. |
| 2008 NY Slip Op 04350 [51 AD3d 670] |
| May 6, 2008 |
| Appellate Division, Second Department |
| In the Matter of Arsenio M., a Person in Need of Supervision,Appellant. |
—[*1] Ronald Wozniak, County Attorney, Poughkeepsie, N.Y. (Linda D. Fakhouri of counsel), forrespondent.
In a proceeding pursuant to Family Court Act article 7, the appeal is from (1) an order of theFamily Court, Dutchess County (Amodeo, J.), dated April 17, 2007, which revoked a priordispositional order of probation of the same court dated September 19, 2006, upon his admissionthat he had violated a condition thereof, and placed the appellant in the custody of theDepartment of Social Services for a period of 12 months, and (2) an order of the same court alsodated April 17, 2007, which remanded the appellant to a nonsecure detention facility.
Ordered that the orders are affirmed, without costs or disbursements.
On September 19, 2006 the appellant was adjudicated a person in need of supervision, andplaced on probation for a period of 12 months. On or about October 26, 2006 a petition was filedalleging that he had violated the terms of his probation. At a hearing, the Family Court explainedto the appellant that he could either admit to violating probation, or insist that the presentmentagency submit evidence against him. After discussing his options with his attorney, the appellantadmitted to violating probation.
The appellant's contention that the Family Court denied him due process by failing to hold adispositional hearing is unpreserved for appellate review (see Matter of Larry B., 39 AD3d 399 [2007]; Matter of Vanessa S., 20 AD3d924 [2005]). In any event, Family Court Act § 779 does not specifically require aseparate dispositional hearing upon a finding of a violation of probation, and the appellant's dueprocess rights were not violated (cf.Matter of Casey VV., 3 AD3d 785, 786 [2004]). Ritter, J.P., Covello, Angiolillo andMcCarthy, JJ., concur.