MATTER OF KERRY V. M.


267 A.D.2d 1035 (1999)

701 N.Y.S.2d 584

In the Matter of KERRY V. M., Appellant. CHAUTAUQUA COUNTY ATTORNEY, Respondent.

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

Decided December 30, 1999.


Order unanimously reversed on the law without costs, motion granted and petition dismissed.

Memorandum:

Family Court erred in failing to grant the motion of respondent to dismiss the petition on the ground that she was denied the right to a speedy factfinding hearing. Family Court Act § 340.1 (1) provides in part that "[i]f the respondent is in detention and the highest count in such petition is less than a class C felony the fact-finding hearing shall...

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