Opinion
October 12, 1995
Appeal from the Family Court, Bronx County (Myrna Martinez-Perez, J.).
The Family Court properly denied respondent's motion to dismiss the petition on the grounds that his right to a speedy dispositional hearing had been violated. Contrary to respondent's argument, the 50-day period in which a dispositional hearing is to be held began to run on March 16, 1994, the date of entry of the Westchester County Family Court's order reflecting respondent's admission and transferring the case to Bronx County (Family Ct Act § 350.1; Matter of Roshon P., 182 A.D.2d 346, 348 [2d Dept], lv denied 80 N.Y.2d 762; accord, Matter of Christopher WW., 189 A.D.2d 411, 413 [3d Dept]). The matter commenced in the Bronx County Family Court within 50 days after entry of the Westchester County court's order, and the 20-day adjournment subsequently granted for completion of an investigation and report by the Probation Department was warranted due to the presence of "special circumstances" (Family Ct Act § 350.1), namely the court's need for such a report in determining the "least restrictive disposition consistent with the `needs and best interests of the [juvenile] as well as the need for protection of the community'" ( Matter of Eddie M., 196 A.D.2d 25, 30, lv denied 83 N.Y.2d 757, quoting Family Ct Act § 352.2 [a]).
Concur — Murphy, P.J., Rubin, Kupferman and Williams, JJ.