N.Y. Fam. Ct. Act § 315.1

§ 315.1. Motion to dismiss; defective petition. 1. A petition or a\ncount thereof is defective when:\n (a) it does not substantially conform to the requirements stated in\nsections 311.1 and 311.2; provided that a petition may not be dismissed\nas defective, but must instead be amended when the defect or\nirregularity is of a kind that may be cured by amendment pursuant to\nsection 311.5, and where the presentment agency moves to so amend; or\n (b) the allegations demonstrate that the court does not have\njurisdiction of the crime charged; or\n (c) the statute defining the crime charged is unconstitutional or\notherwise invalid.\n 2. An order dismissing a petition as defective may be issued upon\nmotion of the respondent or of the court itself.\n 3. A motion to dismiss under this section must be made within the time\nprovided for in section 332.2.\n