§ 302.3 — Venue

New York § 302.3

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction and Preliminary Procedures
• Art. 3: Juvenile Delinquency

Text

§ 302.3. Venue. 1. Juvenile delinquency proceedings shall be\noriginated in the county in which the act or acts referred to in the\npetition allegedly occurred. For purposes of determining venue, article\ntwenty of the criminal procedure law shall apply.\n 2. Upon motion of the respondent or the appropriate presentment agency\nthe family court in which the proceedings have been originated may\norder, for good cause shown, that the proceeding be transferred to\nanother county. If the order is issued after motion by the presentment\nagency, the court may impose such conditions as it deems equitable and\nappropriate to ensure that the transfer does not subject the respondent\nto an unreasonable burden in making his defense.\n 3. Any motion made pursuant to subdivision two by the respondent shall\nbe made within the time prescribed by section 332.2. Any such motion by\na presentment agency must be based upon papers stating the ground\ntherefor and must be made within thirty days from the date that the\naction was originated unless such time is extended for good cause shown.\n 4. Except for designated felony act petitions, after entering a\nfinding pursuant to subdivision one of section 345.1, and prior to the\ncommencement of the dispositional hearing the court may, in its\ndiscretion and for good cause shown, order that the proceeding be\ntransferred to the county in which the respondent resides. The court\nshall not order such a transfer, however, unless it grants the\nrespondent and the presentment agency an opportunity to state on the\nrecord whether each approves or disapproves of such a transfer and the\nreasons therefor. The court shall take into consideration the provisions\nof subdivisions two and three of section 340.2 in determining such\ntransfer.\n