Matter of Karen M.
2009 NY Slip Op 00386 [58 AD3d 734]
January 20, 2009
Appellate Division, Second Department
As corrected through Wednesday, March 11, 2009


In the Matter of Karen M., a Person Alleged to be a JuvenileDelinquent, Appellant.

[*1]Steven Banks, New York, N.Y. (Tamara Steckler and Raymond E. Rogers of counsel),for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Jane L.Gordon of counsel; Lawrence Estrada on the brief), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal isfrom an order of disposition of the Family Court, Queens County (Hunt, J.), dated June 6, 2008,which, upon a fact-finding order of the same court dated May 6, 2008, made upon the appellant'sadmission, finding that the appellant committed an act which, if committed by an adult, wouldhave constituted the crime of menacing in the third degree, adjudged her to be a juveniledelinquent, and placed her on probation for a period of 15 months.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court has broad discretion as to the dispositional orders it enters (see Matter of Ashley D., 55 AD3d605 [2008]; Matter of Ashley H.,53 AD3d 578 [2008]; Matterof Melissa B., 49 AD3d 536 [2008]). Here, contrary to the appellant's contention, theFamily Court providently exercised its discretion in adjudicating her a juvenile delinquent andplacing her on probation for a period of 15 months instead of granting an adjournment incontemplation of dismissal. This disposition was appropriate in light of, inter alia, the nature ofthe incident, as well as the appellant's deficient academic performance and her poor [*2]record of attendance in school (see Matter of Erika R., 55 AD3d 740 [2008]; Matter of Tyrell D., 24 AD3d 440,441 [2005]). Rivera, J.P., Santucci, Carni and Dickerson, JJ., concur.


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