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MATTER OF S.

200 A.D.2d 574 (1994)

606 N.Y.S.2d 298

In the Matter of Eugene S., a Person Alleged to be a Juvenile Delinquent, Appellant

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

January 10, 1994

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

At the hearing on the appellant's motion to set aside the fact-finding order, the appellant's counsel conceded that he was then unable to locate the witness "Michael" and that he had no witness to provide newly-discovered evidence. Since the appellant cannot establish "a substantial change of circumstances" (Family Ct Act § 355.1 [1]) based upon "newly...

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