N.Y. Family Court Act § 315.1 (2026)

§ 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.