Appellate Division of the Supreme Court of New York, 1995

In re Gary J.

In re Gary J.
Appellate Division of the Supreme Court of New York · Decided July 17, 1995
217 A.D.2d 627; 629 N.Y.S.2d 470; 1995 N.Y. App. Div. LEXIS 7797
In re Gary J.

Opinion of the Court

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Kings County (Segal, J.), dated December 1, 1993, which dismissed the petition.

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

The respondent initially appeared in this proceeding on October 8, 1993, and the matter was adjourned to November 3, 1993. On that date, the respondent failed to appear, a warrant was issued, and the matter was adjourned to December 1,1993, for a warrant report. When none of the parties appeared on December 1,1993, the Family Court dismissed the petition. On December 15, 1993, the presentment agency moved, inter alia, to restore the matter to the calendar. The Family Court properly denied the presentment agency’s motion (see, Matter of Randy K., 77 NY2d 398). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.