In re Trequan T.

Appellate Division of the Supreme Court of New York

In re Trequan T.

78 A.D.3d 958, 910 N.Y.S.2d 674

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 2010

StatusPublished

This text of 78 A.D.3d 958 (In re Trequan T.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Trequan T., 78 A.D.3d 958, 910 N.Y.S.2d 674 (N.Y. Ct. App. 2010).

Pincite

Opinion

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Queens County (Bogacz, J.), dated March 22, 2010, which granted the respondent’s application to dismiss the petition based on an alleged violation of the statutory speedy trial provision of Family Court Act § 340.1, and dismissed the proceeding.

Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements, the application is denied, and the petition is reinstated.

The Family Court erred in failing to grant an adjournment of the fact-finding hearing based upon the respondent’s failure to appear (see Matter of Randy K., 77 NY2d 398, 402 [1991]), and in refusing to issue a warrant, despite evidence that issuance of a warrant would be necessary to secure his appearance (see Family Ct Act § 312.2). Therefore, the Family Court’s dismissal of the proceeding for failure to timely commence a fact-finding hearing was improper (see Matter of Randy K., 77 NY2d at 403; Matter of Sean B., 209 AD2d 347 [1994]). Rivera, J.P., Angiolillo, Roman and Sgroi, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Queens County (Bogacz, J.), dated March 22, 2010, which granted the respondent’s application to dismiss the petition based on an alleged violation of the statutory speedy trial provision of Family Court Act § 340.1, and dismissed the proceeding.

Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements, the application is denied, and the petition is reinstated.

The Family Court erred in failing to grant an adjournment of the fact-finding hearing based upon the respondent’s failure to appear (see Matter of Randy K., 77 NY2d 398, 402 [1991]), and in refusing to issue a warrant, despite evidence that issuance of a warrant would be necessary to secure his appearance (see Family Ct Act § 312.2). Therefore, the Family Court’s dismissal of the proceeding for failure to timely commence a fact-finding hearing was improper (see Matter of Randy K., 77 NY2d at 403; Matter of Sean B., 209 AD2d 347 [1994]). Rivera, J.P., Angiolillo, Roman and Sgroi, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

78 A.D.3d 958, 910 N.Y.S.2d 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-trequan-t-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack