S., CORY J., MTR. OF

Appellate Division of the Supreme Court of New York

S., CORY J., MTR. OF

125 A.D.3d 1272, 999 N.Y.S.2d 778

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

DecidedFebruary 6, 2015

DocketCAF 14-00120

StatusPublished

This text of 125 A.D.3d 1272 (S., CORY J., MTR. OF) 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.

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S., CORY J., MTR. OF, 125 A.D.3d 1272, 999 N.Y.S.2d 778 (N.Y. Ct. App. 2015).

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Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered December 8, 2013 in proceedings pursuant to Family Court Act article 3. The order dismissed the petitions.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this juvenile delinquency proceeding pursuant to Family Court Act article 3, petitioner appeals from an order granting respondent’s motion to dismiss two petitions in furtherance of justice pursuant to Family Court Act § 315.2. Contrary to petitioner’s contention, we conclude that Family Court neither exceeded its authority nor abused its discretion when it dismissed the petitions. The record supports the court’s *1273 determination, upon its examination and consideration of the relevant statutory factors, that “a finding of delinquency or continued proceedings would constitute or result in injustice” (§ 315.2 [1]; see Matter of Chris H., 197 AD2d 689, 689-690 [1993]). Present — Scudder, P.J., Centra, Lindley, Sconiers and DeJoseph, JJ.

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Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered December 8, 2013 in proceedings pursuant to Family Court Act article 3. The order dismissed the petitions.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this juvenile delinquency proceeding pursuant to Family Court Act article 3, petitioner appeals from an order granting respondent’s motion to dismiss two petitions in furtherance of justice pursuant to Family Court Act § 315.2. Contrary to petitioner’s contention, we conclude that Family Court neither exceeded its authority nor abused its discretion when it dismissed the petitions. The record supports the court’s *1273 determination, upon its examination and consideration of the relevant statutory factors, that “a finding of delinquency or continued proceedings would constitute or result in injustice” (§ 315.2 [1]; see Matter of Chris H., 197 AD2d 689, 689-690 [1993]). Present — Scudder, P.J., Centra, Lindley, Sconiers and DeJoseph, JJ.

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125 A.D.3d 1272, 999 N.Y.S.2d 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-cory-j-mtr-of-nyappdiv-2015.

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