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Matter of Oldalys O

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 1997
243 A.D.2d 288 (N.Y. App. Div. 1997)

Opinion

October 9, 1997

Appeal from Family Court, New York County (Sheldon Rand, J.).


Under the facts of this case, the speedy fact-finding hearing provisions of Family Court Act § 340.1 were observed. Good cause was demonstrated for the three-day adjournment on the 14th day following appellant's initial appearance while appellant was in detention ( see, Family Ct Act § 340.1, [4] [a]), since the presentment agency demonstrated an unanticipated and unavoidable confusion in the notification of police witnesses, and there was no prejudice to appellant ( see, Matter of Jamell H., 219 A.D.2d 531; Matter of Michael M., 201 A.D.2d 288; Matter of Bryant J., 195 A.D.2d 463, 464).

On the adjourned date of September 10th, appellant was released and the 60-day period for the commencement of the fact-finding hearing now applied (Family Ct Act § 340.1). As a result, the Family Court was free to adjourn the fact-finding hearing at its discretion, without a showing of good cause or special circumstances ( see, Matter of Jamal H., 235 A.D.2d 270, lv denied 89 N.Y.2d 815). Thus, in this case, the rule that release is not a remedy for a violation of the 14-day speedy fact-finding requirement is inapplicable; there was complete conformity with the statute up to the adjourned date ( cf., Matter of Jamel P., 207 A.D.2d 298, 299, lv denied 84 N.Y.2d 811). Accordingly, the motion court properly denied appellant's motion to dismiss.

Concur — Sullivan, J.P., Rosenberger, Ellerin and Nardelli, JJ.


Summaries of

Matter of Oldalys O

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 1997
243 A.D.2d 288 (N.Y. App. Div. 1997)
Case details for

Matter of Oldalys O

Case Details

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

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

Date published: Oct 9, 1997

Citations

243 A.D.2d 288 (N.Y. App. Div. 1997)
663 N.Y.S.2d 29

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