{"data":{"id":"us-ny/n.y.-family-court-act-315.1","jurisdiction":"us-ny","citation":"N.Y. Family Court Act § 315.1","heading":"Motion to dismiss; defective petition","body":"§ 315.1. Motion to dismiss; defective petition. 1. A petition or a\ncount thereof is defective when:\n  (a) it does not substantially conform to the requirements stated in\nsections 311.1 and 311.2; provided that a petition may not be dismissed\nas defective, but must instead be amended when the defect or\nirregularity is of a kind that may be cured by amendment pursuant to\nsection 311.5, and where the presentment agency moves to so amend; or\n  (b) the allegations demonstrate that the court does not have\njurisdiction of the crime charged; or\n  (c) the statute defining the crime charged is unconstitutional or\notherwise invalid.\n  2. An order dismissing a petition as defective may be issued upon\nmotion of the respondent or of the court itself.\n  3. A motion to dismiss under this section must be made within the time\nprovided for in section 332.2.","path":["Family Court Act","Article 3. Juvenile Delinquency","Part 1. Jurisdiction and Preliminary Procedures"],"source_url":"https://legislation.nysenate.gov/api/3/laws/FCT/315.1","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"2ac95ef2abed574a2aded59460849c60d2bed2f924a4bb804abe3b070ef58bb8","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-family-court-act-312.2","next":"us-ny/n.y.-family-court-act-315.2"},"notice":"GroundRules: Original legal text. Not legal advice."}