Opinion
March 16, 1999
Appeal from the Family Court, New York County (Gloria Sosa-Lintner, J.).
When the presentment agency inadvertently failed to produce a requested 911 tape, and announced that it expected to locate the tape shortly, the court properly denied appellant's motion to dismiss, made on the ground of appellant's right to a speedy fact-finding hearing, since such hearing commenced ( see, Matter of Paublo C., 246 A.D.2d 352). Instead, the court took appropriate action ( see, Family Ct Act § 331.6) by proceeding with the hearing and offering to permit the complainant to be recalled for further cross-examination upon production of the tape. When appellant made no further mention of the tape, he abandoned his Rosario claim ( People v. Graves, 85 N.Y.2d 1024, 1027).
The court correctly determined that there was good cause to adjourn appellant's fact-finding hearing for four days beyond the statutory 14-day time period (Family Ct Act § 340.1, [4]). The ongoing pretrial hearings had to be completed prior to the commencement of the fact-finding hearing ( see, Matter of Jesus M, 255 A.D.2d 220; Matter of William A., 219 A.D.2d 494). Moreover, the circumstance that part of the delay was occasioned by pretrial proceedings involving only appellant's corespondent does not undermine the propriety of the finding of good cause ( see, Matter of Jesus M., supra).
Concur — Ellerin, P.J., Nardelli, Williams and Rubin, JJ.