MATTER OF I.


220 A.D.2d 421 (1995)

632 N.Y.S.2d 471

In the Matter of Dimitri I., a Person Alleged to be a Juvenile Delinquent, Respondent

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

October 2, 1995


Ordered that the order is affirmed, without costs or disbursements.

The Family Court did not improvidently exercise its discretion in dismissing the petition. The respondent's initial appearance was scheduled more than 10 days after the Supreme Court's order of removal, thus violating the requirement of CPL 725.05 (7) (see, Family Ct Act § 320.2 [1]; Matter of Frank C., 70 N.Y.2d 408; Matter of Satori R.

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