Opinion
June 12, 1989
Appeal from the Family Court, Queens County (Gage, J.).
Ordered that the orders are reversed, on the law, without costs or disbursements, the motions are denied, the petitions are reinstated, and the matter remitted to the Family Court, Queens County, for further proceedings.
We conclude that it was an improvident exercise of discretion for the Family Court to entertain the respondents' untimely motions, which were to dismiss the petitions on speedy trial grounds, filed after the commencement of the fact-finding hearing without "good cause shown" (see, Family Ct Act § 332.2, [3]; § 340.1 [2], [3] [a], [b]; People v. Lawrence, 64 N.Y.2d 200).
Furthermore, we find no merit to the respondents' contention that these appeals are barred by Family Court Act § 365.1 (2) because the orders of dismissal were not entered prior to the commencement of the fact-finding hearing. Had the respondents filed their motions in a timely manner, the orders would have unquestionably been appealable and it would be untenable to preclude the presentment agency's appeals based on the respondents' own neglect (see, Matter of Eric F., 126 A.D.2d 39). Nor are the appeals barred by any double jeopardy principle, inasmuch as the petitions were dismissed upon the respondents' own motions and on a basis unrelated to factual guilt or innocence of the crimes charged (see, Family Ct Act § 303.2; People v. Kurtz, 51 N.Y.2d 380; People v. Key, 45 N.Y.2d 111).
In view of our determination, we do not reach the merits of the respondents' respective motions for dismissal on speedy trial grounds. Bracken, J.P., Kunzeman, Eiber and Spatt, JJ., concur.