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MATTER OF SS.

168 A.D.2d 754 (1990)

In the Matter of Joseph SS., Alleged to be a Juvenile Delinquent, Appellant. Steven E. Ratner, as Assistant Otsego County Attorney, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 1990

Upon a review of the record, the order of disposition placing respondent with Berkshire Farm Center and Services for Youth is not supported by a preponderance of the evidence. It appears that a less restrictive placement would be more appropriate and we therefore remit this matter to Family Court for a new dispositional hearing (see, Matter of Cecil L., 71 A.D.2d 917, lv dismissed 48 N.Y.2d 755).

Order reversed...

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