213 A.D.2d 548 (1995)

624 N.Y.S.2d 905

In the Matter of La Tia L., a Person Alleged to be a Juvenile Delinquent, Respondent. Westchester County Attorney, Appellant

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

March 20, 1995

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for further proceedings on the petition.

On appeal, the presentment agency contends that the Family Court erred in denying its request to briefly adjourn the fact-finding hearing because the presentment agency's representative could not attend court for the scheduled hearing due to inclement weather conditions. We agree. Since a reasonable request for an adjournment was made prior to the expiration of the 60-day period within which the fact-finding hearing was required to be commenced (see, Family Ct Act § 340.1 [2]), a short adjournment could have been granted without violating the respondent's right to a speedy trial. Under these circumstances, the Family Court erred in denying the agency's request for an adjournment and in dismissing the petition with prejudice for failure to prosecute (see, Matter of Leyton W., 206 A.D.2d 538; Matter of Satori R., 202 A.D.2d 432; Matter of Bryant J., 195 A.D.2d 463).


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