The Family Court erred by dismissing the petition, on the ground of the presentment agency's failure to commence a factfinding hearing in timely fashion, on the 56th day after respondent's initial appearance. Since respondent was not detained, petitioner had 60 days within which to commence such hearing (Family Ct Act § 340.1; Matter of Paul H., 234 A.D.2d 223; Matter of James T., 220 A.D.2d 352).
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Mazzarelli, JJ.