Matter of Michael L.
2009 NY Slip Op 06021 [64 AD3d 780]
July 28, 2009
Appellate Division, Second Department
As corrected through Wednesday, September 2, 2009


In the Matter of Michael L., Appellant.

[*1]Duane C. Felton, Staten Island, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow andFay Ng of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal, aslimited by the appellant's brief, is from so much of an order of disposition of the Family Court,Richmond County (McElrath, J.), dated May 29, 2008, as, upon a fact-finding order of the samecourt entered February 19, 2008, finding that he had committed an act which, if committed by anadult, would have constituted the crime of attempted robbery in the third degree, and adjudginghim to be a juvenile delinquent, placed him with the New York State Office of Children andFamily Services with authorization to place him in a limited secure facility for a period of 18months with credit for the time spent in detention pending disposition.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs ordisbursements.

The Family Court has broad discretion in entering dispositional orders (see Matter of Ariell C., 54 AD3d1034 [2008]; Matter of DonnellW., 36 AD3d 926 [2007]). Here, in determining the least restrictive available alternativeconsistent with the appellant's best interests and the need for protection of the community(see Family Ct Act § 352.2 [2] [a]; Matter of Bruce B., 54 AD3d 1031 [2008]), the court did notimprovidently exercise its discretion in placing the appellant in the custody of the Office ofChildren and Family Services with authorization to place him in a limited secure facility.

The appellant's remaining contention is without merit. Mastro, J.P., Fisher, Eng and Hall, JJ.,concur.


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