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Matter of James

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1994
205 A.D.2d 621 (N.Y. App. Div. 1994)

Opinion

June 13, 1994

Appeal from the Family Court, Westchester County (Bellantoni, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant contends that the evidence adduced at the dispositional hearing was insufficient to support that portion of the order which required him to pay restitution in the amount of $1,500. The determination as to the "fair and reasonable cost to replace the property or repair the damage" caused by the appellant (Family Ct Act § 353.6 [a]) presented a disputed factual issue, and, as the trier of fact, the Family Court's determination as to the credibility of the witnesses is entitled to great weight (see, e.g., Matter of Bernard J., 171 A.D.2d 794; Matter of Jamal V., 159 A.D.2d 507). We find that the evidence provided by the victim with respect to the property damage and lost inventory in his store amply supported the court's determination, and we cannot say that the decision to impose the maximum amount of restitution was an improvident exercise of discretion (see, Matter of Kerry E., 161 A.D.2d 843; cf., Matter of Richard GG., 187 A.D.2d 846; Matter of David N., 97 A.D.2d 980).

We find the appellant's remaining contention to be without merit, as the record clearly indicates that the parties limited the dispositional hearing to the issue of restitution. O'Brien, J.P., Santucci, Altman and Krausman, JJ., concur.


Summaries of

Matter of James

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1994
205 A.D.2d 621 (N.Y. App. Div. 1994)
Case details for

Matter of James

Case Details

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

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

Date published: Jun 13, 1994

Citations

205 A.D.2d 621 (N.Y. App. Div. 1994)
613 N.Y.S.2d 255

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