Statute · New York Family Court Act
N.Y. Fam. Ct. Act § 315.1 — Motion to dismiss; defective petition
N.Y. Fam. Ct. Act § 315.1
- Type
- Statute
- Source
- New York Family Court Act
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 315.1. Motion to dismiss; defective petition. 1. A petition or a count thereof is defective when:
Citator
N.Y. Fam. Ct. Act § 315.1 — Motion to dismiss; defective petition is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.