Legal Opinion

In re R. G.

New York City Family Court

Decided May 21, 1993PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Bruce M. Kaplan, J.

The question presented in respondent’s omnibus motion brought on by order to show cause is whether the decision of the Appellate Division in Matter of Robert S. (192 AD2d 612 [2d Dept 1993], affg 152 Misc 2d 975 [Fam Ct, Kings County 1991, Dabiri, J.]) should be given retroactive affect.

Matter of Robert S. (supra) held that Family Court Act § 320.2 required the dismissal of a delinquency petition where there was a failure to hold an initial appearance within 10 days after a petition was filed, absent good cause shown. Judge Dabiri specifically rejected…

2Cases cited12 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. People v. AntommarchiNew York Court of Appeals · 1992
  3. People v. SamuelsNew York Court of Appeals · 1980
  4. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. MitchellNew York Court of Appeals · 1992

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3Cited by1 opinion

  1. In re E.F.New York City Family Court · 1994

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