Matter of Jasmine E.

Matter of Jasmine E. 2005 NY Slip Op 10122 [24 AD3d 760] December 27, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

In the Matter of Jasmine E., a Person Alleged to be a Juvenile Delinquent, Respondent. Presentment Agency, Appellant.

—[*1]In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the Presentment Agency appeals from an order of the Family Court, Orange County (Bivona, J.), dated April 8, 2005, which referred the petition to the Orange County Department of Probation.

Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see Family Ct Act § 1112); and it is further,

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

Under the circumstances presented here, the Family Court had the authority, at the initial appearance, to refer the instant matter to the Orange County Department of Probation for adjustment services, either pursuant to Family Court Act § 320.6 (2) or as a condition of an adjournment in contemplation of dismissal pursuant to Family Court Act § 315.3. Because the matter has since been successfully adjusted, the petition is deemed to have been dismissed by the court in furtherance of justice (see Family Ct Act § 315.3 [1]; § 320.6 [3]). Crane, J.P., Luciano, Skelos and Lifson, JJ., concur.