Opinion
654
April 4, 2002.
Order, Family Court, Bronx County (Marian Shelton, J.), entered on or about November 22, 2000, which dismissed the juvenile delinquency petition, unanimously modified, on the law, to the extent of vacating the finding of contempt and fine imposed against the presentment agency's counsel and otherwise affirmed, without costs.
JONATHAN M. KRATTER, for respondent.
ELLEN RAVITCH, for appellant.
Before: Mazzarelli, J.P., Andrias, Saxe, Wallach, Marlow, JJ.
The presentment agency's claim that the court erred in dismissing the juvenile delinquency petition has not been preserved for appellate review (see, People v. Luperon, 85 N.Y.2d 71, 78; see also, People v. Chavis, 91 N.Y.2d 500, 506). In any event, were we to review this claim, we would find that the petition was properly dismissed on the ground of unconstitutional delay prior to the filing of the petition (see, Matter of Benjamin L., 92 N.Y.2d 660). The court conducted a sufficient inquiry, in that the presentment agency was given an opportunity to explain the reason for the extensive delay in filing the petition and did not do so. We conclude that the totally unexplained delay was unconstitutional, given the short time frames normally associated with juvenile delinquency proceedings and their underlying policy considerations (see, Matter of Benjamin L., at 667-670).
In this case, the court failed to follow Judiciary Law § 755 and this Court's Rules §§ 604.2(a)(1) and 604.2(a)(3). Accordingly, the finding of contempt cannot be sustained (see, Matter of Morris Cramer Bowling, Ltd. v. Cramer, 38 A.D.2d 774; Matter of Cleary, 237 A.D. 519).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.