N.Y. Family Court Act § 117: Parts of court

§ 117. Parts of court. (a) There is hereby established in the family

court a "child abuse part". Such part shall be held separate from all

other proceedings of the court, and shall have jurisdiction over all

proceedings in the family court involving abused children, and shall be

charged with the immediate protection of these children. All cases

involving abuse shall be originated in or be transferred to this part

from other parts as they are made known to the court unless there is or

was before the court a proceeding involving any members of the same

family or household, in which event the judge who heard said proceeding

may hear the case involving abuse. Consistent with its primary purpose,

nothing in this section is intended to prevent the child abuse part from

hearing other cases.

(b) For every juvenile delinquency proceeding under article three

involving an allegation of an act committed by a person which, if done

by an adult, would be a crime (i) defined in sections 125.27 (murder in

the first degree); 125.25 (murder in the second degree); 135.25

(kidnapping in the first degree); or 150.20 (arson in the first degree)

of the penal law committed by a person thirteen, fourteen, fifteen,

sixteen, or seventeen years of age; or such conduct committed as a

sexually motivated felony, where authorized pursuant to section 130.91

of the penal law; (ii) defined in sections 120.10 (assault in the first

degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the

first degree); former section 130.50; sections 130.70 (aggravated sexual

abuse in the first degree); 135.20 (kidnapping in the second degree),

but only where the abduction involved the use or threat of use of deadly

physical force; 150.15 (arson in the second degree); or 160.15 (robbery

in the first degree) of the penal law committed by a person thirteen,

fourteen, fifteen, sixteen, or seventeen years of age; or such conduct

committed as a sexually motivated felony, where authorized pursuant to

section 130.91 of the penal law; (iii) defined in the penal law as an

attempt to commit murder in the first or second degree or kidnapping in

the first degree committed by a person thirteen, fourteen, fifteen,

sixteen, or seventeen years of age; or such conduct committed as a

sexually motivated felony, where authorized pursuant to section 130.91

of the penal law; (iv) defined in section 140.30 (burglary in the first

degree); subdivision one of section 140.25 (burglary in the second

degree); subdivision two of section 160.10 (robbery in the second

degree) of the penal law; or section 265.03 of the penal law, where such

machine gun or such firearm is possessed on school grounds, as that

phrase is defined in subdivision fourteen of section 220.00 of the penal

law committed by a person fourteen, fifteen, sixteen, or seventeen years

of age; or such conduct committed as a sexually motivated felony, where

authorized pursuant to section 130.91 of the penal law; (v) defined in

section 120.05 (assault in the second degree) or 160.10 (robbery in the

second degree) of the penal law committed by a person fourteen, fifteen,

sixteen, or seventeen years of age but only where there has been a prior

finding by a court that such person has previously committed an act

which, if committed by an adult, would be the crime of assault in the

second degree, robbery in the second degree or any designated felony act

specified in clause (i), (ii) or (iii) of this subdivision regardless of

the age of such person at the time of the commission of the prior act;

or (vi) other than a misdemeanor, committed by a person at least twelve

but less than eighteen years of age, but only where there have been two

prior findings by the court that such person has committed a prior act

which, if committed by an adult, would be a felony:

(i) There is hereby established in the family court in the city of New

York at least one "designated felony act part." Such part or parts shall

be held separate from all other proceedings of the court, and shall have

jurisdiction over all proceedings involving such an allegation. All such

proceedings shall be originated in or be transferred to this part from

other parts as they are made known to the court.

(ii) Outside the city of New York, all proceedings involving such an

allegation shall have a hearing preference over every other proceeding

in the court, except proceedings under article ten.

(c) The chief administrator of the courts may establish one or more

separate support parts in each family court for the purpose of

expediting support proceedings instituted pursuant to articles four,

five and five-A of this act. Where such separate support parts are

established, all such proceedings shall be originated in or be

transferred to this part or parts as they are made known to the court

and shall be heard by support magistrates in accordance with section

four hundred thirty-nine of this act.

(d) The appellate division of the supreme court in each department may

provide, in accordance with the standards and policies established by

the administrative board of the judicial conference, that the family

court in counties within its department shall or may be organized into

such other parts, if any, as may be appropriate.