Opinion
May 2, 1988
Appeal from the Family Court, Putnam County (Sweeny, J.).
Ordered that the order is affirmed, without costs or disbursements.
Family Court Act § 340.1 (2) mandates that a fact-finding hearing must be commenced within 60 days after the conclusion of the initial appearance when a respondent is not in detention. Upon motion of the presentment agency and for good cause shown, an adjournment of not more than 30 days may be granted (see, Family Ct Act § 340.1 [a]). However, once such 60-to-90-day period has expired, special circumstances must be shown in order to obtain an adjournment regardless of the source of the delay (see, Family Ct Act § 340.1; Matter of Frank C., 70 N.Y.2d 408, 413-414).
In the instant case, it was necessary for the petitioner to demonstrate special circumstances, a more stringent standard than a showing of good cause, to obtain an adjournment (see, Matter of Frank C., supra, at 414-415). On the record before us, no such special circumstances have been shown (see, Matter of Vincent M., 125 A.D.2d 60, affd 70 N.Y.2d 793; Matter of Rodney M., 130 Misc.2d 928; Matter of J.V., 127 Misc.2d 780). Dismissal of the petition was, therefore, proper. Thompson, J.P., Kunzeman, Rubin and Harwood, JJ., concur.