In re Darrell CC.
Opinion of the Court
Appeal from an order of the Family Court of Franklin County (McGill, J.), entered September 10, 2001, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to find respondent in violation of a prior order of disposition.
Respondent was adjudicated a juvenile delinquent and placed on probation. A violation petition was filed and Family Court subsequently determined that respondent violated the terms and conditions of probation. Following a dispositional hearing, respondent was placed in the custody of the Office of Children and Family Services, pursuant to an amended order, for a period of 12 months.
On this appeal, respondent’s initial contention is that the nonhearsay allegations of the factual part of the violation petition failed to establish either of the violations charged, rendering the petition legally insufficient and jurisdictionally defective. We agree. A petition alleging a violation of probation is facially sufficient if nonhearsay allegations contained therein, or supporting documents, establish every violation charged (see Family Ct Act § 360.2 [2]). Noncompliance renders the petition jurisdictionally defective, compelling dismissal (see Matter of Nicholas RR., 290 AD2d 680, 681-682).
Cardona, P.J., Peters, Spain and Lahtinen, JJ., concur. Ordered that the order is reversed, on the law, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.