In re Priscilla S.
Court: Appellate Division of the Supreme Court of the State of New York; November 18, 1997; New York; State Appellate Court
Order reversed unanimously, with costs denied, and the petition dismissed. In August 1996, the parents of the respondent filed a petition for her to be declared a person in need of supervision (PINS) due to her habitual absence from home without permission from September 1995 to July 1996. The Family Court referred the case to the Probation Department for diversion, leading to the petition being dismissed "without prejudice" on September 18, 1996, with the parties' consent. On January 11, 1997, the parents submitted a new PINS petition based on incidents occurring after the respondent turned 16. The court dismissed this petition for lack of jurisdiction, citing Family Court Act provisions. Subsequently, the court reinstated the earlier petition, despite the respondent's objections, and moved forward with adjudication and disposition based on it. However, neither the Family Court Act nor the Uniform Rules permit the informal restoration of a dismissed petition. Although dismissed "without prejudice," the parents had the option to file a new petition regarding the same allegations. The appeal came from the Monroe County Family Court, with Judges Denman, Green, Pine, Callahan, and Boehm presiding.