MATTER OF FRANK C.


70 N.Y.2d 408 (1987)

In the Matter of Frank C., a Person Alleged to be a Juvenile Delinquent, Respondent. Corporation Counsel of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 13, 1987.


Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Edward F. X. Hart and Larry A. Sonnenshein of counsel), for appellant.

Judith Waksberg and Lenore Gittis for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.


TITONE, J.

In this juvenile delinquency proceeding under article 3 of the Family Court Act, we are asked to consider whether dismissal of the presentment agency's petition is mandatory when the statutorily required fact-finding hearing is delayed beyond the time limits delineated in Family Court Act § 340.1 through no fault or dilatory conduct attributable to the presentment agency. Guided by the legislative...

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