In re Nasheem P.
Ordered that the appеals from the orders dated July 7, 2004, and November 5, 2004, are dismissed as abandoned, without costs or disbursements; and it is further,
Ordеred that the appeal from the fact-finding order dated January 4, 2005, is dismissed, without costs or disbursements, as that order was superseded by the order of disposition dated February 2, 2005; and it is further,
Ordered that the amended ordеrs of disposition dated February 2, 2005, are modified, on the law and the facts, by (1) deleting the provisions thereоf placing the appellant with the New York State Office of Children and Family Services for a periоd of 18 months and substituting therefor provisions placing the appellant with the New York State Office of Children аnd Family Services for a period of 12 months, and (2) deleting the provisions thereof running the periods of plаcement consecutively and substituting therefor provisions running the periods of placement concurrently; as so modified, the amended orders of disposition dated February 2, 2005, are affirmed, without costs or disbursеments; and it is further,
Ordered that the order of disposition dated February 2, 2005, is affirmed, without costs or disbursements.
Viewing the evidence adduced at the fact-finding hearing under Docket No. D-36314/04 in the light most favorable to the presеntment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; Matter of Darnell S., 300 AD2d 666 [2002]; Matter of William A., 219 AD2d 494, 495 [1995]; cf. People v Malizia, 62 NY2d 755, 757 [1984]; People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crimes of robbery in the third degree, grand
The appellant‘s contention that the Family Court should have drawn an adverse inference with respect to a certain witness who did not testify at the fact-finding hearing is unpreserved for appellate review (cf.
Because the appellant‘s brief failed to set forth any arguments that the orders dated July 7, 2004, and November 5, 2004, were erroneous, we deem those appeals abandoned (see DiCarlo v City of New York, 286 AD2d 363, 365 [2001]; Alfred Weissman Real Estate v Big V Supermarkets, 268 AD2d 101, 106 [2000]; Transamerica Commercial Fin. Corp. v Matthews of Scotia, 178 AD2d 691, 692 n 1 [1991]).
The appellant has not addressed any points on appeal with respect to the amended orders of disposition he has appealed from. Nevertheless, it is clear from the record that thе Family Court intended the appellant‘s placements to run concurrently with each other, and to impose the statutory maximum placement of 12 months for the two misdemeanor violation of probatiоn dockets, under Docket Nos. D-18659/02 and D-1450/04 (see
Adams, J.P., S. Miller, Ritter and Lifson, JJ., concur.