Opinion
November 8, 1993
Appeal from the Family Court, Suffolk County (Pach, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the petition is dismissed.
Family Court Act § 355.3 (1) mandates that a petition to extend the placement of a juvenile delinquent be filed "at least sixty days prior to the expiration of the period of placement, except for good cause shown." The failure to comply with this requirement results in the dismissal of the petition (Family Ct Act § 355.3). Here, the petition to extend the appellant's placement was filed 19 days after the passing of the statutory deadline. The sole excuse proffered for this delay was administrative neglect committed by the appellant's counselor. We hold that this claimed excuse, without more, did not constitute good cause for the failure to timely file the petition for extension of placement (see, Matter of Wayne S., 193 A.D.2d 371; Sobie, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 355.3, at 575; see generally, Matter of Changa W., 123 A.D.2d 435). Thompson, J.P., Sullivan, Ritter and Joy, JJ., concur.