Matter of Markim Q.

Summary

The New York Court of Appeals held that defects in a petition alleging a juvenile probation violation are not jurisdictional and must be preserved for appellate review. Unlike an original juvenile delinquency petition, a violation-of-probation petition does not create the court's jurisdiction because jurisdiction continues from the original proceeding. The court reversed the Appellate Division and reinstated Family Court's amended order of disposition without reaching the merits of the petition's alleged defects.

Holdings

1. A defect in a violation-of-probation petition is not a jurisdictional defect merely because the petition allegedly lacks sworn or nonhearsay allegations. Only a defect in the petition originating the juvenile delinquency proceeding is jurisdictional in the relevant sense and may be raised for the first time on appeal.

Questions Presented

1. Whether alleged defects in a violation-of-probation petition under Family Court Act § 360.2 are jurisdictional and may be raised for the first time on appeal.
2. Whether the alleged defects in Markim Q.'s violation-of-probation petition required preservation in Family Court.

Disposition

reversed