Opinion
Submitted June 25, 2001
August 27, 2001.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Richmond County (Clark, J), dated January 28, 1999, which, upon a fact-finding order of the same court, dated October 19, 1998, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the second degree and criminal possession of a weapon in the fourth degree, adjudicated him to be a juvenile delinquent and placed him in the custody of the Office for Children and Family Services for a period of one year. The appeal brings up for review the fact-finding order dated October 19, 1998.
Mercedes Neira, Brooklyn, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Mordecai Newman of counsel; Suzanne M. Hamilton on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, NANCY E. SMITH, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, he was not deprived of his right to a speedy fact-finding hearing. The fact-finding hearing was timely commenced ( see, Family Ct Act § 340.1, [4][b]; cf, Matter of Kareem T., 180 A.D.2d 802; Matter of Eric F., 126 A.D.2d 39). Any adjournment granted after commencement did not implicate the appellant's right to a speedy fact-finding hearing ( see, Matter of Sharnell J., 237 A.D.2d 290).
The appellant was not deprived of his right to a speedy dispositional hearing. The record demonstrates that the first adjournment was granted "for good cause shown" (Family Ct Act § 350.1[a]; see, Matter of Perry O., 232 A.D.2d 225). The court providently exercised its discretion in granting the subsequent adjournments ( see, Family Ct Act § 350.1; Matter of Jose R., 83 N.Y.2d 388; Matter of Eddie M., 196 A.D.2d 25).
SANTUCCI, J.P., S. MILLER, SMITH and CRANE, JJ., concur.