Family Court Act § 315.1 · Part 1. Jurisdiction and Preliminary Procedures
Motion to dismiss; defective petition
Text — Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/FCT315.1
- Text hash
- sha256 6276d0e3c92ff21ec973a17a66e62ab53201c6e8924c30eac4af7350cc81fcc0
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.