Matter of Lavar C

In Matter of Lavar C. (185 AD2d 36 [4th Dept 1992]) the trial court adjudicated the respondent a juvenile delinquent and placed him, pursuant to Family Court Act 353.3 (3) (b), with the Division for Youth 1 (hereinafter DFY) for a period of 18 months. Its order mandated DFY to place the respondent at one of three specified residential facilities and that DFY could not transfer or release him without obtaining the court's permission. On appeal, the Appellate Division reversed saying that the trial court "should have permitted [DFY] to decide where, within Title III institutions, he should have been placed" (supra, at 37) and further decided, based on the language of Executive Law former 511 (3), that it was error for the trial court to prohibit his transfer or release without court approval.