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MATTER OF MICHAEL M.

3 N.Y.3d 441 (2004)

821 N.E.2d 537

788 N.Y.S.2d 299

In the Matter of MICHAEL M., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 2004.

Attorney(s) appearing for the Case

Legal Aid Society, Juvenile Rights Division, New York City (Susan Clement and Monica Drinane of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Sharyn Rootenberg and Larry A. Sonnenshein of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and ROSENBLATT concur with Judge READ; Judge R.S. SMITH dissents and votes to affirm in a separate opinion in which Judge GRAFFEO concurs.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to decide whether the jurisdictional requirements for filing in Family Court are met when an order of removal and the accompanying pleadings and proceedings contain only hearsay allegations; and, if they are not met, whether this deficiency is waivable. For the reasons that follow, we conclude that such a removal is jurisdictionally defective. Further, the defect is nonwaivable and thus is reviewable...

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