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IN RE: CORY J.S., RESPONDENT–RESPONDENT. OSWEGO COUNTY ATTORNEY, PETITIONER–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this juvenile delinquency proceeding pursuant to Family Court Act article 3, petitioner appeals from an order granting respondent's motion to dismiss two petitions in furtherance of justice pursuant to Family Court Act § 315.2. Contrary to petitioner's contention, we conclude that Family Court neither exceeded its authority nor abused its discretion when it dismissed the petitions. The record supports the court's determination, upon its examination and consideration of the relevant statutory factors, that “a finding of delinquency or continued proceedings would constitute or result in injustice” (§ 315.2[1]; see Matter of Chris H., 197 A.D.2d 689, 689–690).
Frances E. Cafarell
Clerk of the Court
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Docket No: CAF 14–00120
Decided: February 06, 2015
Court: Supreme Court, Appellate Division, Fourth Department.
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