In re Dell

This motion is made by the respondent to dismiss the summons, petition and all proceedings herein, *1018upon the ground that the summons and petition were not issued in compliance with section 736 of the Family Court Act. It is respondent’s contention that the issuance of the summons by the court Clerk rather than a Family Court Judge renders this proceeding invalid, and that the term ‘ ‘ court ’ ’ used in section 736 of the Family Court Act should be interpreted to mean ‘ ‘ Judge ’ ’. He further argues that since a juvenile may be detained after the filing of a petition, upon certain findings by…