N.Y. Fam. Ct. Act § 311.5

§ 311.5. Amendment of the petition. 1. At any time before or during\nthe fact-finding hearing, the court may, upon application of the\npresentment agency and with notice to the respondent and an opportunity\nto be heard, order the amendment of a petition with respect to defects,\nerrors or variances from the proof relating to matters of form, time,\nplace, names of persons and the like, when such amendment does not tend\nto prejudice the respondent on the merits. Upon permitting such an\namendment, the court must, upon application of the respondent, order any\nadjournment which may be necessary to accord the respondent an adequate\nopportunity to prepare his defense.\n 2. A petition may not be amended for the purpose of curing:\n (a) a failure to charge or state a crime; or\n (b) legal insufficiency of the factual allegations; or\n (c) a misjoinder of crimes.\n