N.Y. Fam. Ct. Act § 632

§ 632. Order dismissing petition. (a) If the allegations of a petition\nunder this part are not established, the court shall dismiss the\npetition.\n (b) If a motion or application has been made in the course of a\nproceeding under this part to reconsider an underlying order of\nplacement or commitment, or upon the court's own motion on notice to all\nparties, the court retains jurisdiction to dispose of that motion or\napplication regardless of whether it dismisses the petition.\n