N.Y. Fam. Ct. Act § 751

§ 751. Order dismissing petition. If the allegations of a petition\nunder this article are not established, the court shall dismiss the\npetition. The court may in its discretion dismiss a petition under this\narticle, in the interests of justice where attempts have been made to\nadjust the case as provided for in sections seven hundred thirty-five\nand seven hundred forty-two of this article and the probation service\nhas exhausted its efforts to successfully adjust such case as a result\nof the petition's failure to provide reasonable assistance to the\nprobation service.\n