From Casetext: Smarter Legal Research

In re Andrew MM.

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 813 (N.Y. App. Div. 1992)

Opinion

November 12, 1992

Appeal from the Family Court of St. Lawrence County (Rogers, J.).


Respondent's only contention on appeal is that, upon adjudicating him to be a juvenile delinquent, Family Court should have placed him on probation with the condition that he obey his father's reasonable commands. We disagree. Although respondent's relationship with his father was found to be the one stable factor in his life, the evidence indicates that his father has found respondent to be uncontrollable in the past. The probation report also indicates that respondent's father has been uncooperative with the Probation Department. Contrary to respondent's contention, the record shows that respondent needs counseling and continuous supervision, something his father cannot offer him at this time. Under the circumstances, we find the court's placement of respondent in the custody of the St. Lawrence County Commissioner of Social Services to be the least restrictive available alternative that is consistent with respondent's present needs and interests (see, Family Ct Act § 352.2 [a]; Matter of Dane L., 155 A.D.2d 543; Matter of Leighton H., 112 A.D.2d 427, appeal dismissed 66 N.Y.2d 914; Matter of Jerry D., 110 A.D.2d 635).

Mikoll, J.P., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the order is affirmed, without costs.


Summaries of

In re Andrew MM.

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 813 (N.Y. App. Div. 1992)
Case details for

In re Andrew MM.

Case Details

Full title:In the Matter of ANDREW MM., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 12, 1992

Citations

187 A.D.2d 813 (N.Y. App. Div. 1992)
589 N.Y.S.2d 1008

Citing Cases

Matter of Michael

While the record reveals that respondent has engaged in various types of unruly and disruptive behavior over…

In re Matter of Charles A.

All of the professionals who evaluated respondent recommended placement in a structured and supervised…