N.Y. Family Court Act § 320.2: The initial appearance; timing; adjournment and appointment of counsel

§ 320.2. The initial appearance; timing; adjournment and appointment

of counsel. 1. If the respondent is detained, the initial appearance

shall be held no later than seventy-two hours after a petition is filed

or the next day the court is in session, whichever is sooner. If the

respondent is not detained, the initial appearance shall be held as soon

as practicable and, absent good cause shown, within ten days after a

petition is filed. If a warrant for the respondent's arrest has been

issued pursuant to section 312.2 of this article due to the respondent's

failure to appear for an initial appearance of which he or she had

notice, computation of the time within which the initial appearance must

be held shall exclude the period extending from the date the court

issues the warrant to the date the respondent is returned pursuant to

the warrant or appears voluntarily; provided, however, no period of time

may be excluded hereunder unless the respondent's location cannot be

determined by the exercise of due diligence or, if the respondent's

location is known, his or her presence in court cannot be obtained by

the exercise of due diligence. In determining whether due diligence has

been exercised, the court shall consider, among other factors, the

report presented to the court pursuant to subdivision two of section

312.2 of this article.

2. At the initial appearance the court must appoint an attorney to

represent the respondent pursuant to the provisions of section two

hundred forty-nine if independent legal representation is not available

to such respondent.

3. The initial appearance may be adjourned for no longer than

seventy-two hours or until the next court day, whichever is sooner, to

enable an attorney for the respondent to appear before the court.

4. The clerk of the court shall notify the presentment agency and any

attorney for the respondent of the initial appearance date.