Opinion
2003-01834
Submitted September 23, 2003.
October 14, 2003.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Rayvon Tyrell D. appeals, as limited by his brief, from so much of an order of the Family Court, Orange County (Bivona, J.), dated January 27, 2003, as denied that branch of his motion which was to dismiss the petition on the ground that he had been denied his right to a speedy fact-finding hearing.
Benjamin Ostrer Associates, P.C., Chester, N.Y. (Moriah M. Niblack of counsel), for appellant.
Catherine M. Bartlett, County Attorney, Goshen, N.Y. (Tina M. McCloud of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that on the court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted ( see Family Ct Act § 365.1, 365.2, 1112[a]); and it is further,
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The appellant argues that he was deprived of his right to a speedy fact-finding hearing. However, his subsequent admission of wrongdoing, the validity of which he does not contest, waived this claim ( see Matter of David W., 241 A.D.2d 388; Matter of Melvin A., 216 A.D.2d 227; Matter of Christopher F., 126 A.D.2d 975). In any event, his argument is without merit, as the fact-finding hearing was held within 60 days after the date that he was directed to appear in the Family Court by the order of removal ( see Family Ct Act § 340.1; cf. Matter of Ronald D., 215 A.D.2d 757; Matter of Carlton E., 204 A.D.2d 108).
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.