| Matter of Nathaniel P. |
| 2009 NY Slip Op 00547 [58 AD3d 860] |
| January 27, 2009 |
| Appellate Division, Second Department |
| In the Matter of Nathaniel P.,Appellant. |
—[*1] Lorna B. Goodman, County Attorney, Mineola, N.Y. (Karen Hutson of counsel), forrespondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal isfrom an order of disposition of the Family Court, Nassau County (Lawrence, J.), dated October4, 2007, which, upon a fact-finding order of the same court entered August 16, 2007, made uponthe appellant's admission, finding that the appellant committed an act which, if committed by anadult, would have constituted the crime of attempted criminal mischief in the fourth degree,adjudged him to be a juvenile delinquent and placed him on probation for a period of two yearswith the condition that he pay restitution in the amount of $113.19. The appeal brings up forreview an order of protection issued at the dispositional hearing.
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court providently exercised its discretionin directing him to pay restitution (seeMatter of Daytrill H., 32 AD3d 736 [2006]; Matter of Antonio M., 214 AD2d571 [1995]).
The appellant has not preserved for appellate review his claim that his mother's allocutionwas defective since he did not move to withdraw his admission on this ground (seeFamily Ct Act § 321.3; Matter ofNicholas R., 36 AD3d 923 [2007]; Matter of Ricky A., 11 AD3d 532, 533 [2004]; Matter ofBrandon S., 305 AD2d 609, 610 [2003]).[*2]
Since the appellant did not challenge the validity of theorder of protection at the dispositional hearing, his challenge to the order of protection is alsounpreserved for appellate review (cf.People v Nieves, 2 NY3d 310, 316 [2004]; People v Goldberg, 16 AD3d 519, 520 [2005]). Fisher, J.P., Miller,Carni and Balkin, JJ., concur.