Opinion
March 13, 1998
Appeal from the Erie County Family Court, Battle, J. — Juvenile Delinquency.)
Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.
Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: Petitioner appeals from an order granting the motion of respondent to dismiss the petition. This proceeding was removed from City Court to Family Court without prejudice to the filing of a new petition seeking an adjudication that respondent is a juvenile delinquent. Because the commencement of a new proceeding might violate respondent's statutory right to a speedy trial (see, Family Ct. Act § 340.1), petitioner is an aggrieved party (see, Sherman v. Morales, 50 A.D.2d 610; Matter of Albini, 15 A.D.2d 675).
Family Court erred in dismissing the petition on the ground that it is factually insufficient (see, Matter of Juan Q., 248 A.D.2d 998 [decided herewith]). Thus, we reverse the order, deny the motion and reinstate the petition.