Legal Opinion

In re Diamond S.

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 2014Published

1Opinion of the Court

*541The court properly determined that the petition was timely (see Family Ct Act § 355.3 [2]). The petition was filed more than 60 days before the expiration of appellant’s period of placement, as adjusted for the 24 days that she was absent without authorization from her original nonsecure facility (see Executive Law § 510-b [7]). In any event, the court also properly determined that even if the petition was not timely, OCFS established good cause for an untimely filing. The good cause was not based entirely on events that had occurred before the expiration of the period of placement (compare…

2Cases cited2 opinions

  1. Garner v. LatimerAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re Heriberto A.Appellate Division of the Supreme Court of the State of New York · 1993

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API