Summary
In Matter of Jamell H. (219 A.D.2d 531), we found the unanticipated and unavoidable confusion in the notification of the presentment agency's police witness to constitute good cause and in Matter of Michael M. (201 A.D.2d 288, 288-289, supra) an adjournment due to the recently learned fact that the presentment agency's witness was on vacation was found to have been supported by good cause.
Summary of this case from Matter of Anthony HOpinion
September 21, 1995
Appeal from the Family Court, New York County (Bruce Kaplan, J.).
Good cause justifying the single adjournment of the fact-finding hearing beyond the prescribed 60-day period (Family Ct Act § 340.1, [4] [a]) was provided by the delay in the presentment agency's case caused by unanticipated and unavoidable confusion in the notification of its police witnesses ( see, Matter of Bryant J., 195 A.D.2d 463, 464), the confusion as to whether respondent had waived his right to a speedy trial caused by the manner in which he had sought two prior adjournments, the lateness of the day and court calendar congestion until the adjourned day ( see, Matter of Pierre B., 210 A.D.2d 3), and the absence of prejudice to respondent ( see, Matter of Bryant J., supra).
Concur — Rosenberger, J.P., Rubin, Asch, Williams and Mazzarelli, JJ.