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Matter of Jason

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 1995
214 A.D.2d 801 (N.Y. App. Div. 1995)

Opinion

April 6, 1995

Appeal from the Family Court of Rensselaer County (Griffin, J.).


As petitioner appropriately concedes, the petition at issue here is jurisdictionally defective. Neither the petition nor the supporting documentation contains nonhearsay allegations which, if true, would establish each and every element of the crime with which respondent was charged as required by Family Court Act § 311.2 (3). Accordingly, the petition must be dismissed (see, e.g., Matter of Wesley M., 83 N.Y.2d 898). In light of this conclusion, we need not address the remaining arguments raised by respondent on appeal.

Cardona, P.J., White, Casey and Yesawich Jr., JJ., concur. Ordered that the order is reversed, on the law, without costs, and petition dismissed.


Summaries of

Matter of Jason

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 1995
214 A.D.2d 801 (N.Y. App. Div. 1995)
Case details for

Matter of Jason

Case Details

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

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

Date published: Apr 6, 1995

Citations

214 A.D.2d 801 (N.Y. App. Div. 1995)
624 N.Y.S.2d 983