Legal Opinion

In re Jerome S.

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

Decided May 29, 1990PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Kooper, J.

The question to be answered on appeal is whether the Family Court Act’s "speedy fact-finding hearing” provision (Family Ct Act §§ 310.2, 340.1) requires dismissal of a juvenile delinquency petition where a timely scheduled fact-finding hearing could not be conducted due to the juvenile’s failure to appear for the hearing. We conclude that dismissal is not required and, accordingly, reverse the order appealed from.

I

On March 10, 1987, the presentment agency filed a petition alleging that respondent, aged 15 at the time, had committed acts which, if committed by an…

2Cases cited5 opinions

  1. In re Frank C.New York Court of Appeals · 1987
  2. In re Vincent M.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Matter of VincentNew York Court of Appeals · 1987
  4. In re LambNew York City Family Court · 1988
  5. In re Abdul Hashim S.Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. In re Randy K.New York Court of Appeals · 1991
  2. In re Carlos T.Appellate Division of the Supreme Court of the State of New York · 1993
  3. In re Atthis D.Appellate Division of the Supreme Court of the State of New York · 1994
  4. In re Dominic CC.Appellate Division of the Supreme Court of the State of New York · 1995
  5. In re Aaron J.New York City Family Court · 1991

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