In re Rashaad M.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: Petitioner appeals from an order granting the motion of respondent to dismiss the petition. This proceeding was removed from City Court to Family Court without prejudice to the filing of a new petition seeking an adjudication that respondent is a juvenile delinquent. Because the commencement of a new proceeding might violate, respondent’s statutory right to a speedy trial (see, Family Ct Act § 340.1),…
2Cases cited2 opinions
- Sherman v. MoralesAppellate Division of the Supreme Court of the State of New York · 1975
- In re Juan Q.Appellate Division of the Supreme Court of the State of New York · 1998