In re Veronica G.
Opinion of the Court
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the petitioner appeals from an order of the Family Court, Kings County (Segal, J.), dated January 6, 1994, which granted the respondent’s motion to dismiss the petition. The petitioner’s notice of appeal from the decision dated January 6, 1994, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).
Ordered that the order is reversed, on the law and on the facts, without costs or disbursements, the respondent’s motion to dismiss the petition is denied, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings on the petition.
The juvenile delinquency petition was filed against the respondent on July 27, 1993. Although the respondent was personally served with the summons, she failed to appear in court. A warrant was issued for the respondent’s arrest, and the proceeding was adjourned. The proceeding was subsequently adjourned on three more occasions before the respondent voluntarily appeared in court.
By a notice of motion dated December 29, 1993, the respondent moved to dismiss the petition on the ground that the delay in her initial appearance had not been based on good cause (see, Family Ct Act § 320.2 [former (1)]). Specifically, the respondent contended that the presentment agency had not been entitled to an adjournment on August 16, 1993, because it had failed to establish that the arrest warrant could not be executed. The Family Court granted the motion and dismissed the petition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.