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  5. 77 N.Y.2d 398 (1991)
 

MATTER OF RANDY K.

77 N.Y.2d 398 (1991)

In the Matter of Randy K., a Person Alleged to be a Juvenile Delinquent, Respondent.

Court of Appeals of the State of New York.

Decided March 26, 1991.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney (Karen Swiger and Peter D. Coddington of counsel), for appellant.

David H. Berman for respondent.

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

Judith Waksberg and Lenore Gittis for The Juvenile Rights Division of The Legal Aid Society, amicus curiae.

Judges SIMONS, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge KAYE dissents and votes to reverse in a separate opinion in which Chief Judge WACHTLER and Judge BELLACOSA concur.

HANCOCK, JR., J.

Family Court Act § 340.1 (2) mandates that where, as here, a respondent is not in detention, a fact-finding hearing shall commence not more than 60 days after the conclusion of the initial appearance except as provided in subdivision (4) of the statute. Subdivision (4) permits a court to adjourn a fact-finding hearing on its own motion or on motion of the presentment agency for good cause...

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