Matter of Lorenzo A

In Matter of Lorenzo A. (59 AD3d 441 [2009]), the Court filed its own motion pursuant to Family Court Act 355.1 based upon respondent's apparent violation of the terms and conditions of an order which placed him under probation supervision. Upon the return of the motion, the court found that respondent had violated the order of probation, that the violation constituted a substantial change of circumstances under the statute and a new order of disposition was entered. On appeal the new order of disposition was affirmed but the Appellate Division modified the order to the extent that it adjusted the expiration date of the order as it was found to impermissibly exceed the expiration date of the initial order of disposition in violation of Family Court Act 355.1 (3) (59 AD2d at 441.) The departments of social services with whom both respondents had been placed moved pursuant to Family Court Act 355.1 for modification of the orders of disposition in order to obtain placement of the juveniles with the Office of Children and Family Services. In each instance the Family Court found a substantial change of circumstances and the orders of placement were modified over the objections of the juveniles. The modified placement orders, which clearly did not result from motions which sought relief with which the juveniles were in agreement, were affirmed by the Appellate Division.