James v. R. J.

Appellate Division of the Supreme Court of New York

James v. R. J.

51 A.D.2d 572, 378 N.Y.S.2d 478, 1976 N.Y. App. Div. LEXIS 10851

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1976·Published

Opinion

In a delinquency proceeding pursuant to article 7 of the Family Court Act, the complainant appeals from an order of the Family Court, Kings County, dated March 24, 1975, which dismissed the petition. Order reversed, on the law, petition reinstated, and matter remanded to the Family Court for further proceedings consistent herewith. In our opinion it was an abuse of discretion to dismiss the petition on grounds totally unrelated to the charges against respondent and prior to the conducting of a fact-finding hearing. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

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In a delinquency proceeding pursuant to article 7 of the Family Court Act, the complainant appeals from an order of the Family Court, Kings County, dated March 24, 1975, which dismissed the petition. Order reversed, on the law, petition reinstated, and matter remanded to the Family Court for further proceedings consistent herewith. In our opinion it was an abuse of discretion to dismiss the petition on grounds totally unrelated to the charges against respondent and prior to the conducting of a fact-finding hearing. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

James v. R. J., 51 A.D.2d 572, 378 N.Y.S.2d 478, 1976 N.Y. App. Div. LEXIS 10851 (N.Y. Ct. App. 1976).

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