From Casetext: Smarter Legal Research

Matter of Andrew L

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 539 (N.Y. App. Div. 1998)

Opinion

February 17, 1998

Appeal from the Family Court, Richmond County (Clark, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Richmond County, for further proceedings consistent herewith

As the respondent juvenile had been released from detention, the fact-finding hearing was required to be commenced within 60 days of his initial appearance ( see, Family Ct Act § 340.1; Matter of Oldalys O., 243 A.D.2d 288, Matter of Romoan RR., 209 A.D.2d 861). The presentment agency was not required to demonstrate good cause for its request for a short adjournment until a date still within the 60-day period. Therefore, the Family Court should have granted the request ( see, Matter of Leyton W., 206 A.D.2d 538; Matter of Bryant J., 195 A.D.2d 463).

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.


Summaries of

Matter of Andrew L

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 539 (N.Y. App. Div. 1998)
Case details for

Matter of Andrew L

Case Details

Full title:The Matter of ANDREW L., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1998

Citations

247 A.D.2d 539 (N.Y. App. Div. 1998)
668 N.Y.S.2d 911