N.Y. Fam. Ct. Act § 315.1

Current through 2024 NY Law Chapter 456
Section 315.1 - Motion to dismiss; defective petition
1. A petition or a count thereof is defective when:
(a) it does not substantially conform to the requirements stated in sections 311.1 and 311.2; provided that a petition may not be dismissed as defective, but must instead be amended when the defect or irregularity is of a kind that may be cured by amendment pursuant to section 311.5, and where the presentment agency moves to so amend; or
(b) the allegations demonstrate that the court does not have jurisdiction of the crime charged; or
(c) the statute defining the crime charged is unconstitutional or otherwise invalid.
2. An order dismissing a petition as defective may be issued upon motion of the respondent or of the court itself.
3. A motion to dismiss under this section must be made within the time provided for in section 332.2.

N.Y. Family Court Law § 315.1