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Matter of LeJuane S

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 481 (N.Y. App. Div. 1998)

Opinion

February 9, 1998

Appeal from the Family Court, Suffolk County (McElligott, J.).


Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, and the matter is remitted to the Family Court, Suffolk County, for further proceedings on the petitions.

We conclude that reversal is required because the Family Court failed to ascertain whether the appellant was aware at the time of his admission of the "possible specific dispositional orders" (Family Ct Act § 321.3), nor was he told the exact nature of his placement or its possible duration ( see, Matter of Melvin A., 216 A.D.2d 227; Matter of Herbert RR., 214 A.D.2d 891). In addition, the court failed to obtain a proper allocution from the appellant's parents, who were present in court, in accordance with Family Court Act § 321.3 (1) ( see, Matter of Perry O., 232 A.D.2d 225; Matter of Shantique F., 223 A.D.2d 590). Therefore, the dispositional order is reversed, the fact-finding order is vacated, and the matter is remitted to the Family Court for further proceedings on the petitions.

In view of our determination, we need not reach the appellant's remaining contentions.

O'Brien, J.P., Thompson, Santucci and McGinity, JJ., concur.


Summaries of

Matter of LeJuane S

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 481 (N.Y. App. Div. 1998)
Case details for

Matter of LeJuane S

Case Details

Full title:In the Matter of LeJUANE S., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Feb 9, 1998

Citations

247 A.D.2d 481 (N.Y. App. Div. 1998)
668 N.Y.S.2d 708

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