Legal Opinion

In re Corporation Counsel

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

Decided March 15, 1993Published

1Opinion of the Court

—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the petitioner appeals from an order of the Family Court, Kings County (Yancey, J.), dated August 6, 1991, which granted the respondent’s motion to dismiss the petition.

Ordered that the order is affirmed, without costs or disbursements.

We find that the Family Court did not improvidently exercise its discretion in granting the respondent’s motion to dismiss the petition, due to the presentment agency’s failure to comply with the speedy hearing provisions of the Family *551Court Act. Family Court Act § 340.1 (2), (4) (a)…

2Cases cited3 opinions

  1. In re Vincent M.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Matter of VincentNew York Court of Appeals · 1987
  3. In re Detrece H.Appellate Division of the Supreme Court of the State of New York · 1990

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