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Matter of Jesus M

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1998
255 A.D.2d 220 (N.Y. App. Div. 1998)

Opinion

November 19, 1998

Appeal from the Family Court, Bronx County (Susan Larabee, J.).


The court correctly determined that there was good cause to adjourn appellant's fact-finding hearing for one day beyond the statutory 14-day time period (Family Ct Act § 340.1, [4] [a]). The presentment agency did not become aware of the pre-trial motion by appellant's co-respondents until the day of the scheduled hearing, which was the 14th day after appellant's initial appearance. Since a response to the motion from the agency was necessary to determine whether a suppression hearing was warranted, the one-day adjournment was appropriate to allow the presentment agency to submit opposition papers. Although appellant did not join in his co-respondents' motion, it would have been a waste of judicial resources, as the court noted, to sever the cases. The one-day delay was "entirely reasonable" under the circumstances ( Matter of Pierre B., 210 A.D.2d 3).

Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.


Summaries of

Matter of Jesus M

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1998
255 A.D.2d 220 (N.Y. App. Div. 1998)
Case details for

Matter of Jesus M

Case Details

Full title:In the Matter of JESUS M., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 19, 1998

Citations

255 A.D.2d 220 (N.Y. App. Div. 1998)
680 N.Y.S.2d 234

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