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IN THE MATTER OF MICHAEL OO.

503034.

2008 NY Slip Op 05987

IN THE MATTER OF MICHAEL OO., Alleged to be a Juvenile Delinquent. SCHENECTADY COUNTY PROBATION DEPARTMENT, Respondent; MICHAEL OO., Appellant.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Diane Herrmann, Law Guardian, Schenectady, for appellant.

Christopher H. Gardner, County Attorney, Schenectady (Brian G. De La Fleur of counsel), for respondent.

Before: Spain, J.P., Lahtinen, Kane, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

LAHTINEN, J.

The facts are set forth in our decision in an earlier appeal, where we held that Family Court erred in holding that it lacked authority to consider whether respondent should be found to be a person in need of supervision (hereinafter PINS) rather than a juvenile delinquent, and we remitted the matter to Family Court to consider such issue (37 A.D.3d 1002, 1003 [2007]). Upon remittal, Family...

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