Opinion
December 23, 1993
Appeal from the Family Court of Albany County (Breslin, J.).
Respondent was adjudicated a person in need of supervision following his admission to the truancy allegations contained in the petition. Based upon the content of several evaluative reports and testimony adduced at the ensuing dispositional hearing, Family Court ordered respondent into the custody of the Albany County Commissioner of Social Services for a period of one year for placement in a residential facility.
Respondent's threshold argument on appeal is that Family Court's written explanation for residential placement, to wit, "the needs and best interests of the respondent would best be served by placement", is insufficient to satisfy the Family Court Act § 754 (2) mandate that the court state in its order the reasons for its disposition (see, Matter of Robert U., 189 A.D.2d 1014; Matter of Ricky BB, 55 A.D.2d 800). We agree. In such situations, the proper action is to withhold determination of the appeal and to remit the matter to Family Court for the purpose of amending its order to comply with the statutory mandate (see, Matter of Robert U., supra, at 1015).
Mikoll, J.P., Yesawich Jr., Crew III and White, JJ., concur. Ordered that the decision is withheld, and matter remitted to the Family Court of Albany County for further proceedings not inconsistent with this Court's decision.