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Family Court, Richmond County, February 15, 2007
APPEARANCES OF COUNSEL
Legal Aid Society, Staten Island (Rebecca Ivry of counsel), Law Guardian. Michael A. Cardozo, Corporation Counsel, Staten Island (Lisa Donovan of counsel), for presentment agency.
OPINION OF THE COURT
Catherine M. DiDomenico, J.
On December 12, 2006, the Department of Probation filed a petition alleging that respondent, Jonathan V., violated the terms of his probation by associating with his former corespondent, Michael B. On December 13, 2006, respondent was arraigned and the Law Guardian moved to dismiss the violation petition as facially insufficient because the order of disposition does not contain a stated term or condition requiring respondent to stay away from Michael B. A written motion was submitted on December 14, 2006 and opposition was received the following day. On December 18, 2006, respondent's motion was denied on the ground that resolution of the motion involved a mixed question of law and fact that could not be decided absent a hearing. This matter proceeded to a fact-finding hearing on January 2, 2007 and January 5, 2007.
At the fact-finding hearing, the presentment agency called two witnesses: Alan S., New York City Corporation Counsel, Borough Chief, Manhattan Family Court, and Probation Officer A.
Probation's Investigation and Report, dated October 20, 2006, was received as Respondent's A. Respondent did not call any witnesses. Respondent conceded that he was on a bus with Michael B. as alleged in the petition. After considering the testimony of the presentment agency's witnesses and observing their demeanor, this court credits their testimony and finds that the following facts have been proved at fact-finding: [*2]
On October 16, 2006, respondent was adjudicated a juvenile delinquent after fact-finding. On October 27, 2006, this court issued an order of disposition in which respondent was placed on probation for a period of 18 months. On October 27, 2006, Probation Officer A. met with respondent and his mother to discuss the terms and conditions of his probation. At this meeting Officer A. told respondent that, in addition to reporting to probation every Thursday, attending school at Port Richmond High School, and attending the Brooklyn Link Program, respondent had to stay away from his corespondent Michael B. Probation Officer A. testified that it is the practice of the Department of Probation to notify all probationers to stay away from corespondents and other persons with a criminal background or history. Respondent and his mother indicated to Probation Officer A. that they understood the probation terms, including the prohibition against associating with Michael B.
On November 17, 2006, Alan S. went to Harlem Hospital to investigate a shooting that had occurred on November 15, 2006 during which this respondent was injured. Mr. S. spoke with respondent in the hospital. At that time, respondent admitted that he was on a bus with several individuals, including Michael B. Respondent and Michael B. were arrested in connection with that alleged event for which respondent is being prosecuted in New York County Family Court (Docket No. E-14279-06).
The Applicable Law
Pursuant to Family Court Act

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