Opn. No.

Paul Caltagirone, Esq. Assistant County Attorney, Dutchess County

Based upon your letter and a telephone conversation with this office, you ask several questions in relation to the approval and presentation in family court of a juvenile delinquency petition by a county attorney under Family Court Act, §§ 254 and 734-a:

1) Should a county attorney approve a cross-petition of juvenile delinquency, legally sufficient on its face, filed by the respondent in the main petition against the original petitioner, based on the same incident, prior to the adjudication of the main petition where he has…