Legal Opinion · Dissent

In re Eddie M.

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

Decided January 31, 1994Published

1DissentPizzuto, J.

I agree with the majority’s conclusion that an intercounty transfer may constitute "good cause” for the adjournment of a dispositional hearing. However, no reason was provided for the delay in the transfer in this case, and it is my view that the subsequent adjournments, for the purpose of awaiting a probation report, were not supported by "special circumstances” as required by the speedy hearing provisions of the Family Court Act. I therefore dissent and vote to reverse the dispositional order, vacate the fact-finding order, and dismiss the petition.

Family Court Act § 350.1 provides that…

2Cases cited11 opinions

  1. In re Frank C.New York Court of Appeals · 1987
  2. In re Randy K.New York Court of Appeals · 1991
  3. In re Aaron J.New York Court of Appeals · 1992
  4. In re Nakia L.New York Court of Appeals · 1993
  5. In re Carlos T.Appellate Division of the Supreme Court of the State of New York · 1993

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