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Matter of Reginald

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 580 (N.Y. App. Div. 1988)

Opinion

April 11, 1988

Appeal from the Family Court, Nassau County (Ryan, J.).


Ordered that Presiding Justice Mollen is substituted for former Justice Niehoff (see, 22 NYCRR 670.2 [c]); and it is further,

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

A review of the minutes of the hearing conducted by the Family Court on December 16, 1987 indicates that the Family Court specifically considered the numerous factors listed in Family Court Act § 315.2 (1) in support of its dismissal of the petition in the interest of justice. In addition, it has been held that "[a]t least one of these factors must be readily identifiable and sufficiently compelling to support the dismissal" (Matter of Kwane M., 121 A.D.2d 635, 636; Matter of Carlief V., 121 A.D.2d 640, 641; People v. Rickert, 58 N.Y.2d 122, 128). Our review of the record indicates that this test has been satisfied in the proceeding at bar. We therefore find no abuse of discretion in the Family Court's determination. Accordingly, the order appealed from is affirmed. Mollen, P.J., Mangano, Bracken and Eiber, JJ., concur.


Summaries of

Matter of Reginald

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 580 (N.Y. App. Div. 1988)
Case details for

Matter of Reginald

Case Details

Full title:In the Matter of REGINALD V.H., a Person Alleged to be a Juvenile…

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

Date published: Apr 11, 1988

Citations

139 A.D.2d 580 (N.Y. App. Div. 1988)

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