Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly dismissed the petition since a fact-finding hearing was not held within 60 days of the respondent's initial appearance in court (see, Family Court Act § 340.1 [2]). A period of 25 days, during which a warrant was outstanding, were properly included in calculating the 60-day period, as there was a failure to exercise due diligence in securing the respondent's presence...
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