In re Kerry V. M.

—Order unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Family Court erred in failing to grant the motion of respondent to dismiss the petition on the ground that she was denied the right to a speedy fact-finding hearing. Family Court Act § 340.1 (1) provides in part that “[i]f the respondent is in detention and the highest count in such petition is less than a class C felony the fact-finding hearing shall commence no more than three days after the conclusion of the initial appearance”. If a respondent is in detention and the petition charges…