Appellate Division of the Supreme Court of New York, 1992

In re Steven A.

In re Steven A.
Appellate Division of the Supreme Court of New York · Decided April 24, 1992
182 A.D.2d 1100
In re Steven A.

Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Contrary to respondent’s contention, Family Court had authority to vacate, sua sponte and for good cause, the adjudication that he was a person in need of supervision (see, Family Ct Act §§ 761, 762).

There is no merit to respondent’s contention that the evidence was legally insufficient to prove that he was a person in need of supervision. Petitioner demonstrated beyond a reasonable doubt that respondent was ungovernable, habitually disobedient of the reasonable directions of his mother and stepfather, and was beyond their lawful control (see, Family Ct Act § 712 [a]). (Appeal from Order of Erie County Family Court, Honan, J. — Violation of Probation.) Present — Denman, P. J., Green, Pine, Balio and Fallon, JJ.

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