N.Y. Family Court Act § 315.1: Motion to dismiss; defective petition

§ 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.