In re Rashaad M.

Appellate Division of the Supreme Court of New York

In re Rashaad M.

248 A.D.2d 1000, 670 N.Y.S.2d 150, 1998 N.Y. App. Div. LEXIS 3075

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1998·Published

Opinion

—Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: Petitioner appeals from an order granting the motion of respondent to dismiss the petition. This proceeding was removed from City Court to Family Court without prejudice to the filing of a new petition seeking an adjudication that respondent is a juvenile delinquent. Because the commencement of a new proceeding might violate, respondent’s statutory right to a speedy trial (see, Family Ct Act § 340.1), petitioner is an aggrieved party (see, Sherman v Morales, 50 AD2d 610; Matter of Albini, 15 AD2d 675).

Family Court erred in dismissing the petition on the ground that it is factually insufficient (see, Matter of Juan Q., 248 AD2d 998 [decided herewith]). Thus, we reverse the order, deny the motion and reinstate the petition. (Appeal from Order of Erie County Family Court, Battle, J. — Juvenile Delinquency.)

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.

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—Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: Petitioner appeals from an order granting the motion of respondent to dismiss the petition. This proceeding was removed from City Court to Family Court without prejudice to the filing of a new petition seeking an adjudication that respondent is a juvenile delinquent. Because the commencement of a new proceeding might violate, respondent’s statutory right to a speedy trial (see, Family Ct Act § 340.1), petitioner is an aggrieved party (see, Sherman v Morales, 50 AD2d 610; Matter of Albini, 15 AD2d 675).

Family Court erred in dismissing the petition on the ground that it is factually insufficient (see, Matter of Juan Q., 248 AD2d 998 [decided herewith]). Thus, we reverse the order, deny the motion and reinstate the petition. (Appeal from Order of Erie County Family Court, Battle, J. — Juvenile Delinquency.)

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.

In re Rashaad M., 248 A.D.2d 1000, 670 N.Y.S.2d 150, 1998 N.Y. App. Div. LEXIS 3075 (N.Y. Ct. App. 1998).

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