Opinion
(952) CAF 00-02404.
September 28, 2001.
(Appeal from Order of Onondaga County Family Court, Bersani, J. — Abuse.)
PRESENT: PIGOTT, JR., P.J., HAYES, HURLBUTT, BURNS AND GORSKI, JJ.
Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings on the petition. Memorandum:
As petitioner concedes, respondent did not knowingly, willingly and voluntarily waive his right to an attorney ( see, Matter of Meko M., 272 A.D.2d 953, 954; cf., Matter of Child Welfare Admin. v. Jennifer A., 218 A.D.2d 694, 697, lv denied 87 N.Y.2d 804). Family Court "failed to conduct a searching inquiry designed to ensure that [respondent] understood his right to counsel and the dangers and disadvantages of self-representation" ( Wills v. Wills, 283 A.D.2d 1023, 1025). Even where, as here, the record fully supports the court's ultimate findings, those findings "may not stand if respondent was denied due process" ( Matter of Dominique L. B., 231 A.D.2d 948; see, Matter of Meko M., supra, at 954). We therefore reverse the order and remit the matter to Onondaga County Family Court for further proceedings on the petition.