| Matter of Day-Shaun A.E. |
| 2011 NY Slip Op 08748 [89 AD3d 1083] |
| November 29, 2011 |
| Appellate Division, Second Department |
| In the Matter of Day-Shaun A.E., Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Susan B.Eisner of counsel; Manisha Padi on the brief), for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Day-Shaun A.E.appeals, as limited by his brief, from so much of an order of disposition of the Family Court, QueensCounty (Hunt, J.), dated December 2, 2010, as, upon a fact-finding order of the same court datedSeptember 23, 2010, made upon the appellant's admission, finding that he committed an act which, ifcommitted by an adult, would have constituted the crime of attempted robbery in the second degree,placed him on probation in the enhanced supervision program for a period of 24 months, with thecondition that he perform 200 hours of community service.
Ordered that the order of disposition is affirmed insofar as appealed from, without costs ordisbursements.
"The Family Court has broad discretion in fashioning orders of disposition" (Matter of Anthony G., 82 AD3d 1235,1235 [2011]; see Matter of Cooper C.,81 AD3d 643, 644 [2011]; Matter ofGustav D., 79 AD3d 868, 869 [2010]). Here, in determining the least restrictive alternativeconsistent with the appellant's best interests and the need for protection of the community (seeFamily Ct Act § 352.2 [2] [a]), the Family Court providently exercised its discretion inplacing the appellant on probation in the enhanced supervision program for a period of 24 months, withthe condition that he perform 200 hours of community service (see Matter of Anthony G., 82AD3d at 1235; Matter of Cooper C., 81 AD3d at 644). The disposition is appropriate forseveral reasons, including the seriousness of the appellant's offense, his poor school attendance andperformance, his home environment, the findings in the mental health services report, and therecommendations in the probation report (see Matter of Gustav D., 79 AD3d at 869; Matter of Summer D., 67 AD3d 1008,1009 [2009]; Matter of Gabriel A., 12AD3d 666, 667 [2004]). Florio, J.P., Hall, Austin and Cohen, JJ., concur.