| Matter of Lorenzo A. |
| 2009 NY Slip Op 00681 [59 AD3d 441] |
| February 3, 2009 |
| Appellate Division, Second Department |
| In the Matter of Lorenzo A., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and PamelaSeider Dolgow of counsel), 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 April 15,2008, which, upon a fact-finding order of the same court dated May 12, 2006, made after anadmission, finding that the appellant had committed an act which, if committed by an adult,would have constituted the crime of menacing in the third degree, vacated a previous order ofdisposition dated June 8, 2007, adjudged him to be a juvenile delinquent, and placed him in thecustody of the Administration for Children's Services and on probation for a period of 12months.
Ordered that the order of disposition dated April 15, 2008 is modified, on the law, bydeleting the provision thereof placing the appellant in the custody of the Administration forChildren's Services and on probation for a period of 12 months; as so modified, the order ofdisposition is affirmed, without costs or disbursements.
Where, as here, the Family Court vacates an existing order of disposition and issues a neworder based upon a substantial change in circumstances, Family Court Act § 355.1 (3)provides that "the date such order expires shall not be later than the expiration date of theoriginal order." Accordingly, as the presentment agency correctly concedes, the Family Courterred in issuing a new order of disposition [*2]which extendedthe appellant's terms of placement and probation beyond the expiration date of the original order(see Matter of Jennifer B., 256 AD2d 1195, 1196 [1998]). Since the original order ofdisposition was to have expired on December 8, 2008, we reduce the appellant's terms ofplacement and probation to the terms of placement and probation already served. Mastro, J.P.,Florio, Balkin and Eng, JJ., concur.