Opinion
2002-01363
Argued November 26, 2002.
December 16, 2002.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Westchester County (Jamieson, J.), entered January 7, 2002, which granted the application of the juvenile to dismiss the petition, with prejudice, based upon a violation of the speedy trial provision of Family Court Act § 340.1.
Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for appellant.
Lawrence S. Horowitz, Bedford Hills, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, without costs or disbursements, the application is denied, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for further proceedings consistent herewith.
The Family Court erred in dismissing this juvenile delinquency proceeding on speedy trial grounds, at a time before the expiration of the 60 days within which a fact-finding hearing had to be commenced (see Family Ct Act § 340.1; Matter of Bryant J., 195 A.D.2d 463). Additionally, contrary to the juvenile's contention, this issue is preserved for appellate review because the presentment agency was deprived of an opportunity to object to the dismissal by the Family Court's haste in concluding the proceedings after the granting of the application (see CPLR 5501; cf. Pilon v. Pilon, 278 A.D.2d 760; Seneca Dress Co. v. Bea-Jay Mfg. Corp., 156 A.D.2d 894, 895; Sanchez v. Kato, Inc., 115 A.D.2d 646; Meyers v. Fifth Ave. Bldg. Assoc., 90 A.D.2d 824).
RITTER, J.P., FRIEDMANN, LUCIANO and H. MILLER, JJ., concur.