From Casetext: Smarter Legal Research

Matter of Catrice

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 935 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Family Court, Kings County (Hepner, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

An authorized representative of the presentment agency signed the original petition in this case, although her signature concededly appears above the line designating her as a notary public. The signature line on the petition form, which presumably should have contained her signature, is blank. The petition, therefore, does not conform to the verification requirement set forth in Family Court Act § 311.1 (4). However, we agree with the Family Court that this obviously nonprejudicial irregularity relating to verification of the petition is a matter of form within the meaning of Family Court Act § 311.5 (1) and, therefore, subject to amendment (see, Family Ct Act § 311.5; § 311.2 [1]; § 315.1 [1] [a]; cf., Family Ct Act § 311.5; § 311.2 [2], [3]; see also, CPLR 3020 [d] [2]; 3022). Thus, the Family Court properly allowed the presentment agency to file an amended petition in order to cure the defective verification. Santucci, J.P., Joy, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Catrice

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 935 (N.Y. App. Div. 1994)
Case details for

Matter of Catrice

Case Details

Full title:In the Matter of CATRICE W., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Oct 31, 1994

Citations

208 A.D.2d 935 (N.Y. App. Div. 1994)
617 N.Y.S.2d 900

Citing Cases

In Matter of Salengo

It is the filing of a written support petition with the Family Court which triggers the jurisdiction of the…