| Matter of Leighton F. |
| 2013 NY Slip Op 05315 [108 AD3d 669] |
| July 17, 2013 |
| Appellate Division, Second Department |
| In the Matter of Leighton F.,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnensheinand Diana Lawless of counsel), for respondent.
In two juvenile delinquency proceedings pursuant to Family Court Act article 3,Leighton F. appeals from (1) an order of the Family Court, Queens County (Lubow, J.),dated April 20, 2012, which, upon a decision of the same court dated March 27, 2012,made after a hearing, in effect, found that he violated the terms and conditions ofprobation previously imposed by the same court in a prior order of disposition datedNovember 22, 2011, placing him on probation, and (2) an order of the same court datedJune 5, 2012, which vacated the order of disposition dated November 22, 2011, andthereupon placed him in the custody of the New York State Office of Children andFamily Services.
Ordered that on the Court's own motion, the notice of appeal from the decision datedMarch 27, 2012, is deemed to be a notice of appeal from the order dated April 20, 2012(see CPLR 5512 [a]); and it is further,
Ordered that the orders are affirmed, without costs or disbursements
After a hearing, the Family Court properly determined that the Presentment Agencyestablished, by a fair preponderance of the evidence (see Family Ct Act §350.3; Matter of Tristan W., 258 AD2d 585 [1999]; Matter of Julies R.,250 AD2d 855, 856 [1998]), that the appellant violated the condition of his probationthat he have no new arrests by being arrested on December 21, 2011, and, thereupon,properly vacated the prior order of disposition. The Presentment Agency elicitedtestimony from the police detective who arrested the appellant which established that thedetective had probable cause to arrest the appellant. The Family Court found thedetective to be credible and we discern no basis in the record to set aside the FamilyCourt's credibility determination. There is no merit to the appellant's contention that thePresentment Agency failed to meet its burden of establishing the subject violation ofprobation because the violation of probation petition alleged that the appellant wasarrested on December 8, 2011, rather than on December 21, 2011 (cf. Matter of Steven C., 93AD3d 91, 94 [2012], citing Matter of Rodney J., 83 NY2d 503, 508 [1994]).
The appellant also challenges the Family Court's determination to place him in thecustody of the New York State Office of Children and Family Services (hereinafter theOCFS). The [*2]Family Court has broad discretion indetermining the appropriate disposition in a juvenile delinquency case (see Matter of Jalen G., 104AD3d 853 [2013]; Matterof Antoine H., 81 AD3d 646 [2011]). Here, the Family Court providentlyexercised its discretion in placing the appellant in the custody of the OCFS. Thedisposition was the least restrictive alternative consistent with the best interests of theappellant and the needs of the community in light of, inter alia, the seriousness of theoffense and the appellant's previous violation of the terms and conditions of probation(see Family Ct Act § 352.2 [2] [a]; Matter of Jalen G., 104 AD3dat 854; Matter of Ashley P.,74 AD3d 1075, 1076 [2010]).
The appellant's contention regarding a prior violation of probation petition is notproperly before this Court.
The appellant's remaining contentions are without merit. Balkin, J.P., Leventhal,Sgroi and Miller, JJ., concur.