MATTER OF JEROME S.


157 A.D.2d 286 (1990)

In the Matter of Jerome S., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 29, 1990


Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Leonard Koerner and Pamela Seider Dolgow of counsel), for appellant.

Lenore Gittis (Stacy Wolf and Carol Goldstein of counsel), for respondent.

KUNZEMAN, J. P., SULLIVAN and MILLER, JJ., concur.


KOOPER, J.

The question to be answered on appeal is whether the Family Court Act's "speedy fact-finding hearing" provision (Family Ct Act §§ 310.2, 340.1) requires dismissal of a juvenile delinquency petition where a timely scheduled fact-finding hearing could not be conducted due to the juvenile's failure to appear for the hearing. We conclude that dismissal is not required and, accordingly, reverse...

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