In re Ann S.

OPINION OF THE COURT

John F. O’Donnell, J.

The petitioner, New York State Division for Youth, is seeking an extension of placement pursuant to section 355.3 of the Family Court Act. Respondent, Ann S., claims the petition was not filed in a timely manner and must be dismissed.

Family Court Act § 355.3 (1) requires that a petition for *420extension of placement be filed “at least sixty days prior to the expiration of the period of placement”. Exceptions can be made for good cause shown, but "in no event shall a sworn petition be filed after the original expiration date.” (§ 355.3 [1].) In the case at…