In re Harry J.
Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: The Monroe County Department of Social Services (Department) filed a
Petitioner bears the burden of proving by a preponderance of the evidence that the disposition is warranted (see, Family Ct Act § 745 [b]). The probation report relied upon by the court in determining placement is not part of the record and no testimony was adduced at the hearing. There is, therefore, no evidence to support the court’s determination. The absence of any supporting evidence renders judicial review of the disposition impossible. The fact that respondent admitted the allegations of the petition does not require a disposition ordering supervision or treatment (see, Family Ct Act § 712 [f]). The order of disposition may discharge respondent with warning, suspend judgment, place respondent in an appropriate setting (in his own home, with a suitable relative, or with the Department of Social Services or Division for Youth), or place respondent on probation (Family Ct Act § 754).
Respondent contends for the first time on appeal that the timing of the dispositional hearing violated the speedy disposition provisions of the Family Court Act. The Law Guardian did not move to dismiss the petition on the ground that respondent had been denied his right to a timely hearing and, therefore, that right was waived (see, Matter of Richard G., 187 AD2d 1039). (Appeal from Order of Monroe County Family Court, Bonadio, J. — PINS.) Present — Denman, P. J., Pine, Lawton, Fallon and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.