Legal Opinion

In re Thomas B.

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 2008Published

1Opinion of the Court

Memorandum: Respondent was on probation based on an order adjudicating him to be a juvenile delinquent and now appeals from an order that placed him in the custody of the Commissioner of Social Services of Wayne County as a result of his second violation of probation. Respondent failed to preserve for our review his contention that Family Court acted as an advocate for the presentment agency at the violation of probation hearing (see Matter of Aron B., 46 AD3d 1431 [2007]). Nevertheless, we review that contention in the interest of justice, and we conclude that the court improperly “ ‘assumed…

2Cases cited5 opinions

  1. In re Yadiel Roque C.Appellate Division of the Supreme Court of the State of New York · 2005
  2. In re Aron B.Appellate Division of the Supreme Court of the State of New York · 2007
  3. In re Julies R.Appellate Division of the Supreme Court of the State of New York · 1998
  4. In re Andy F.Appellate Division of the Supreme Court of the State of New York · 2006
  5. In re Jerome H.Appellate Division of the Supreme Court of the State of New York · 2005

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