Opinion
October 31, 1994
Appeal from the Family Court, Queens County (Lauria, J.).
Ordered that the order is affirmed, without costs or disbursements.
The respondent correctly contends that the delay between the filing of the delinquency petition and his initial appearance violated Family Court Act § 320.2 (1), which provides, in relevant part, that when a respondent is not in detention, the initial appearance must be held "as soon as practicable and, absent good cause shown, within ten days after a petition is filed". The respondent's failure to comply with the warrant for his appearance did not alone constitute good cause for the presentment agency's failure to comply with Family Court Act § 320.2 (1) (see, Matter of Robert S., 192 A.D.2d 612; Matter of Satori R., 202 A.D.2d 432). The agency made no showing that it could not execute the warrant and obtain respondent's appearance within the 10-day period. Under these circumstances, the Family Court properly dismissed the petition.
The presentment agency's remaining contentions are meritless. O'Brien, J.P., Pizzuto, Altman and Hart, JJ., concur.