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Matter of Nicholas RR

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 2002
290 A.D.2d 680 (N.Y. App. Div. 2002)

Opinion

89604

January 10, 2002.

Appeal from an order of the Family Court of Warren County (Breen, J.), entered April 26, 2001, which, inter alia, granted petitioner's application, in a proceeding pursuant to Family Court Act article 3, to revoke an order of probation.

David P. Dylis, Law Guardian, Ballston Spa, for appellant.

Paul B. Dusek, County Attorney (Amy C. Bartlett of counsel), Lake George, for respondent.

Before: Cardona, P.J., Peters, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER


We have consistently held that a violation petition unsupported by nonhearsay allegations is jurisdictionally defective and must be dismissed (see, Matter of Shannon F., 276 A.D.2d 847; Matter of Steven DD., 243 A.D.2d 890; Matter of Michael C., 238 A.D.2d 680). We reiterate that compliance with Family Court Act § 360.2(2) is a necessary prerequisite to Family Court having jurisdiction over a juvenile respondent and that this requirement cannot be waived. Since the instant petition alleges its essential facts upon information and belief and is otherwise unsupported by nonhearsay allegations, it should have been dismissed and we need not reach the merits of Family Court's determination.

Cardona, P.J., Peters, Mugglin and Rose, JJ., concur.

ORDERED that the order is reversed, on the law, without costs, and petition dismissed.


Summaries of

Matter of Nicholas RR

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 2002
290 A.D.2d 680 (N.Y. App. Div. 2002)
Case details for

Matter of Nicholas RR

Case Details

Full title:IN THE MATTER OF NICHOLAS RR., A JUVENILE DELINQUENT. PAUL B. DUSEK, AS…

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

Date published: Jan 10, 2002

Citations

290 A.D.2d 680 (N.Y. App. Div. 2002)
735 N.Y.S.2d 828

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