From Casetext: Smarter Legal Research

In the Matter of Mary L.M

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2004
5 A.D.3d 1069 (N.Y. App. Div. 2004)

Opinion

CAF 03-01228.

Decided March 19, 2004.

Appeal from an order of the Family Court, Steuben County (Peter C. Bradstreet, J.), entered May 6, 2003. The order directed that respondent be placed in the custody of the Steuben County Department of Social Services for a period of one year.

SUSAN B. MARRIS, LAW GUARDIAN, MANLIUS, FOR RESPONDENT-APPELLANT.

FREDERICK H. AHRENS, JR., COUNTY ATTORNEY, BATH (TERESA M. PARé OF COUNSEL), PETITIONER-RESPONDENT PRO SE.

PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, HURLBUTT, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the fact-finding order is vacated, and the matter is remitted to Family Court, Steuben County, for further proceedings on the petition.

Memorandum: On appeal from an order of disposition placing respondent in the custody of the Steuben County Department of Social Services for a period of 12 months, respondent contends that her admission to the allegations of the petition seeking to adjudicate her a juvenile delinquent was fatally defective because Family Court failed to comply with the nonwaivable provisions of Family Ct Act § 321.3 (1). We agree and therefore reverse the order of disposition, vacate the fact-finding order, and remit the matter to Family Court for further proceedings on the petition ( see Matter of Brandon M., 299 A.D.2d 966; Matter of Brian H. [appeal No. 2], 239 A.D.2d 925; Matter of Daniel H., 236 A.D.2d 874; Matter of Delmar C., 207 A.D.2d 998).

We have reviewed respondent's remaining contentions and conclude that they are without merit.


Summaries of

In the Matter of Mary L.M

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2004
5 A.D.3d 1069 (N.Y. App. Div. 2004)
Case details for

In the Matter of Mary L.M

Case Details

Full title:MATTER OF MARY L.M., RESPONDENT-APPELLANT. STEUBEN COUNTY ATTORNEY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 19, 2004

Citations

5 A.D.3d 1069 (N.Y. App. Div. 2004)
773 N.Y.S.2d 691

Citing Cases

In the Matter of Sean R.P

We agree. We note at the outset our disagreement with the Second Department that preservation is required…

In re Tyler

Memorandum: Respondent, who was adjudicated a juvenile delinquent based upon his commission of an act that,…