Appellate Division of the Supreme Court of New York, 1998

In re James W.

In re James W.
Appellate Division of the Supreme Court of New York · Decided March 13, 1998 · Balio, Callahan, Green, Lawton, Wisner
248 A.D.2d 1012; 670 N.Y.S.2d 153; 1998 N.Y. App. Div. LEXIS 3106
In re James W.

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that Family Court abused its discretion in revoking his probation and placing him with the Division for Youth. A court is not compelled to continue a juvenile delinquent on probation where the conduct constituting a violation of the conditions of probation occurs within one week of the effective date of the order of probation and before the Probation Department has provided any services. A violation petition may be filed “at any time during the period of an order of probation” (Family Ct Act § 360.2 [1]). (Appeal from Order of Monroe County Family Court, Kohout, J. — Violation of Probation.)

Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.

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