Opinion
January 5, 1993
Appeal from the Family Court, New York County (Mary Bednar, J.).
The Family Court properly dismissed the juvenile delinquency petition (Matter of Randy K., 77 N.Y.2d 398). The unavailability of a complaining witness due to an out-of-State vacation does not constitute "special circumstances" for an adjournment (Matter of Juan V., 160 A.D.2d 303; Matter of Steven C., 129 Misc.2d 946). The presentment agency failed to act diligently in securing the presence of the witness prior to his departure (Matter of Vincent M., 125 A.D.2d 60, affd 70 N.Y.2d 793; Matter of Snap, 125 Misc.2d 314). Accordingly, while the limited incursion into the "special circumstances" period was limited, "special circumstances" were not established (compare, Matter of Nakia L., 179 A.D.2d 145, lv granted 80 N.Y.2d 758).
Concur — Murphy, P.J., Milonas, Ross and Rubin, JJ.