| Matter of Shatique B. |
| 2010 NY Slip Op 01643 [70 AD3d 1036] |
| February 23, 2010 |
| Appellate Division, Second Department |
| In the Matter of Shatique B.,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B.Morris 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 March 31,2009, which, upon a fact-finding order of the same court dated January 23, 2009, and upon thecourt's own motion pursuant to Family Court Act § 355.1 (1), in effect, vacated a priororder of disposition dated February 27, 2009, placing the appellant on probation for a period of18 months, and placed him with the Office of Children and Family Services for a period of 18months, effective February 27, 2009.
Ordered that the order of disposition dated March 31, 2009, is affirmed, without costs ordisbursements.
Contrary to his contention, the appellant was not denied the effective assistance of counsel(see Matter of Thomas D., 50 AD3d 897 [2008]; Matter of Shaheen P.J., 29AD3d 996, 998 [2006]; Matter of Robert P., 16 AD3d 512, 513 [2005]). Moreover,under the circumstances, the Family Court did not improvidently exercise its discretion invacating a prior order of disposition based upon a substantial change of circumstances, theunderlying facts of which were not challenged by the appellant, and placing the appellant withthe Office of Children and Family Services for a period of 18 months, effective February 27,2009 (see Family Ct Act § 355.1). Fisher, J.P., Florio, Belen and Hall, JJ., concur.