Legal Opinion

In re Rayshawn P.

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

Decided November 29, 2012Published

1Opinion of the Court

*33OPINION OF THE COURT

Friedman, J.

This appeal presents for resolution two questions left open by the Court of Appeals’ decision in Matter of Jazmín A. (15 NY3d 439, 443 n [2010]): “whether a properly made motion under Family Court Act § 355.1 to stay, modify or terminate an order of probation based on change of circumstances would provide an alternative means of initiating proceedings to revoke probation, and whether detention would be authorized pending resolution of such a motion” (internal quotation marks and brackets omitted). We answer both questions in the negative.

By a final order of…

2Cases cited7 opinions

  1. Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998
  2. New York State Crime Victims Board v. T.J.M. Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. In re Jazmin A.Appellate Division of the Supreme Court of the State of New York · 2009
  4. In re Jazmin A.New York Court of Appeals · 2010
  5. In re Lorenzo A.Appellate Division of the Supreme Court of the State of New York · 2009

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