2006 New York Code - Transfer To And From Family Court; Concurrent Proceedings.

 
    § 1014. Transfer to and from family court; concurrent proceedings. (a)
  The  family court may transfer upon a hearing any proceedings originated
  under this article to an appropriate criminal court or  may  refer  such
  proceeding  to  the  appropriate district attorney if it concludes, that
  the processes of the family court  are  inappropriate  or  insufficient.
  The  family  court  may continue the proceeding under this article after
  such transfer or referral and if the proceeding is continued, the family
  court may enter any preliminary order,  as  authorized  by  section  one
  thousand  twenty-seven,  in  order to protect the interests of the child
  pending a final order of disposition.
    (b) Any criminal  complaint  charging  facts  amounting  to  abuse  or
  neglect  under  this article may be transferred by the criminal court in
  which the complaint was made to the family court in the county in  which
  the  criminal  court is located, unless the family court has transferred
  the proceeding to the criminal court. The family court shall then,  upon
  a  hearing,  determine  what  further  action  is appropriate. After the
  family court makes this determination, any  criminal  complaint  may  be
  transferred back to the criminal court, with or without retention of the
  proceeding  in the family court, or may be retained solely in the family
  court, or if there appears to be no basis for the complaint, it  may  be
  dismissed by the family court. If the family court determines a petition
  should  be  filed, proceedings under this act shall be commenced as soon
  as practicable.
    (c)  Nothing  in  this  article  shall  be  interpreted  to   preclude
  concurrent proceedings in the family court and a criminal court.
    (d)  In  any hearing conducted by the family court under this section,
  the court may grant the respondent or potential  respondent  testimonial
  immunity in any subsequent criminal court proceeding.