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Family Court Act § 315.1 · Part 1. Jurisdiction and Preliminary Procedures

Motion to dismiss; defective petition

Verbatim from the official edition

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.