In re Dominic CC.
Opinion of the Court
Appeal from an order of the Family Court of Rensselaer County (Griffin, J.), entered August 25, 1994, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.
Respondent has appealed from an order of disposition adjudging him a juvenile delinquent. The disposition included a fact-finding determination that respondent committed acts which, if committed by an adult, would constitute the crime of petit larceny.
We affirm. Initially, we reject the contention that the petition commencing the proceeding was jurisdictionally defective because the supporting deposition attached thereto was not properly verified. It is clear that a supporting deposition must be verified in order for a petition to be legally sufficient (see, Matter of Michael FF., 210 AD2d 758, 759). In ascertaining what constitutes an adequate verification under the Family Court Act, it has been determined that a statement that complies with the provisions of CPL 100.30 (1) is sufficient (see, Matter of Charlene D., 214 AD2d 561, 562, lv denied 86 NY2d 705; Matter of Kurt EE., 199 AD2d 945, 946). That statute provides for verification of a supporting deposition, inter alia, by means of a "form notice that false statements made therein are punishable as a class A misdemeanor pursuant to [Penal Law § 210.45]” (CPL 100.30 [1] [d]).
We also reject the contention that respondent was denied a timely initial appearance. The petition was filed on April 25, 1994 and the initial appearance was scheduled for May 4, 1994. It is not disputed that this date was timely. On the scheduled day, petitioner’s attorney appeared as did respondent’s Law Guardian. Family Court informed the parties that respondent’s mother notified the court that respondent was ill and not able to appear. The court adjourned the matter to May 25, 1994. Respondent claims that the 21-day adjournment was excessive. We, however, agree with petitioner that any deviation from the time limitations of Family Court Act § 320.2 (1) was caused by respondent and that there was good cause shown for the adjournment (see, Matter of Michael FF., 210 AD2d 758, 759, supra; see also, Matter of Jerome S., 157 AD2d 286). In addition, at the May 4, 1994 initial appearance, respondent’s Law Guardian did not object to the adjournment or the rescheduled date. Instead, the Law Guardian waited until the parties appeared on the rescheduled May 25,1994 date to make the claim that the initial appearance had been unduly delayed. Further, even if we were to accept respondent’s argument of undue delay in rescheduling the initial appearance, we note that respondent’s speedy trial rights were adequately protected (see, Matter of Willie E., 216 AD2d 645, lv granted 86 NY2d 707) insofar as the fact-finding hearing was scheduled within 60
Finally, we find no error in Family Court’s conclusion that a conditional discharge was the appropriate disposition in this case (see, Matter of Dimitri W., 198 AD2d 832). We also note that the parties agreed that respondent would enter an admission to the charges in exchange for a conditional discharge.
Respondent’s remaining contentions have been examined and rejected as lacking in merit.
White, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.