Monroe County Probation Department, Petitioner-Respondent. v. <<

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of CARLIESHA C., Respondent-Appellant. Monroe County Probation Department, Petitioner-Respondent.

Decided: April 29, 2005

PRESENT:  GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. Ardeth L. Houde, Law Guardian, Rochester, for Respondent-Appellant. Daniel M. DeLaus, County Attorney, Rochester (Kim Koski Taylor of Counsel), for Petitioner-Respondent.

 Petitioner met its burden of establishing by a preponderance of the evidence that respondent violated the conditions of her probation by failing to pay restitution (see generally Matter of Amanda RR., 230 A.D.2d 451, 453, 659 N.Y.S.2d 912).   We reject the contention of respondent that Family Court lacked authority to issue a dispositional order placing her on probation for an additional one-year period after the original period of probation would have expired.   The violation petition was timely filed prior to the expiration of the original period of probation (cf. Matter of Felix R., 265 A.D.2d 227, 228, 696 N.Y.S.2d 455), thereby interrupting that period of probation pending the court's final determination on the violation petition (see Family Ct. Act § 360.2[4] ).   We reject the further contention of respondent that the court erred in denying her motion seeking dismissal of the violation petition on the ground that it was filed after her 18th birthday.   Respondent remained under the court's jurisdiction “pending expiration or termination of the period of the order of probation” (§ 360.1 [1] ), which extended beyond her 18th birthday.   The court was thus authorized to make a determination on the violation petition and to order an appropriate disposition after respondent turned 18 (see generally Matter of Robert J., 2 N.Y.3d 339, 778 N.Y.S.2d 763, 811 N.E.2d 25;  Matter of Jude F., 291 A.D.2d 165, 169-171, 740 N.Y.S.2d 80).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: