Opinion
2013-05-1
In the Matter of MALIK A. (Anonymous), respondent. Presentment Agency, appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for appellant. Diana H. Kelly, Jamaica, N.Y., for respondent.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for appellant. Diana H. Kelly, Jamaica, N.Y., for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the Presentment Agency appeals from an order of the Family Court, Queens County (Bogacz, J.), dated June 12, 2012, which dismissed the petition.
ORDERED that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the petition is reinstated.
For the reasons stated in our decision on the companion appeal, the Family Court erred in dismissing the subject juvenile delinquency petition on the ground that the respondent's right to a speedy fact-finding hearing had been violated ( see Matter of David P., ––– A.D.3d –––– [decided herewith]; see also Family Ct. Act § 340.1[2]; Matter of Tierra H., 83 A.D.3d 837, 838, 920 N.Y.S.2d 428;Matter of Sheldon M., 48 A.D.3d 814, 815, 853 N.Y.S.2d 139;Matter of Teniqua Y., 299 A.D.2d 490, 491, 751 N.Y.S.2d 33; Matter of Iola C., 262 A.D.2d 558, 692 N.Y.S.2d 418).