In re Loren S.
Opinion of the Court
Appeal from an order of the Family Court of Otsego County (Nydam, J.), entered August 23, 1994, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to extend respondent’s placement with the New York State Division for Youth.
We affirm. Contrary to respondent’s argument, Family Court Act § 355.3 (1) contains no requirement that an excuse for late filing of an extension petition be set forth in the petition itself. Accordingly, we find that Family Court did not err when it considered petitioner’s July 5, 1994 letter. Nor do we disagree with the court’s determination that the requisite good cause was shown (see, Matter of Aaron XX., 199 AD2d 938, 939). The fact that respondent’s arrest took place after the deadline for filing a petition did not preclude Family Court’s consideration of this factor on the issue of good cause for the late application (cf., Matter of Heriberto A., 198 AD2d 191).
We are further unpersuaded that Family Court erred in considering the information set forth in petitioner’s letter in determining the merits of the application. A petition to extend a placement is not an accusatory instrument and, as such, is not governed by the stringent pleading requirements of Family Court Act § 311.1 (cf., Matter of Jahron S., 79 NY2d 632, 635). In any event, the record establishes that respondent’s arrest was not the sole basis for the extension request, but was merely the culmination of an escalating pattern of rule violations. Thus, Family Court did not abuse its discretion in granting the petition (see, Matter of Percy H., 159 AD2d 623).
Cardona, P. J., Mikoll, White and Casey, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.