Opinion
November 13, 1995
Appeal from the Family Court, Kings County (Esquirol, J.).
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the matter is remitted to the Family Court, Kings County, for the purpose of entering an order pursuant to Family Court Act § 375.1.
The Family Court erred in denying the appellant's motion to dismiss the petition based upon the alleged violation of her right to a speedy trial. The fact-finding hearing commenced beyond the 60-day time limit specified in Family Court Act § 340.1 (2). Moreover, the presenting agency failed to establish that the initial adjournment was for good cause or that the successive adjournments were granted because of special circumstances (see, Family Ct Act § 340.1 [a], [b]; [6]; People v Santos, 68 N.Y.2d 859; People v Berkowitz, 50 N.Y.2d 333; People v Robbins, 207 A.D.2d 565).
In light of the foregoing, we do not reach the appellant's remaining contentions. Sullivan, J.P., Altman, Hart and Friedmann, JJ., concur.