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Matter of Alfred

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 921 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Family Court, Queens County (Lauria, J.).


Ordered that the order is affirmed, without costs or disbursements.

The respondent correctly contends that the delay between the filing of the delinquency petition and his initial appearance violated Family Court Act § 320.2 (1), which provides, in relevant part, that when a respondent is not in detention, the initial appearance must be held "as soon as practicable and, absent good cause shown, within ten days after a petition is filed". The respondent's failure to comply with the warrant for his appearance did not alone constitute good cause for the presentment agency's failure to comply with Family Court Act § 320.2 (1) (see, Matter of Robert S., 192 A.D.2d 612; Matter of Satori R., 202 A.D.2d 432). The agency made no showing that it could not execute the warrant and obtain respondent's appearance within the 10-day period. Under these circumstances, the Family Court properly dismissed the petition.

The presentment agency's remaining contentions are meritless. O'Brien, J.P., Pizzuto, Altman and Hart, JJ., concur.


Summaries of

Matter of Alfred

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 921 (N.Y. App. Div. 1994)
Case details for

Matter of Alfred

Case Details

Full title:In the Matter of ALFRED B., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 1994

Citations

208 A.D.2d 921 (N.Y. App. Div. 1994)
617 N.Y.S.2d 873

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