Opinion
November 29, 1988
Appeal from the Family Court, New York County (Ruth Zuckerman, J.).
As conceded by respondent Corporation Counsel, the absence of a parent or guardian ad litem at appellant's fact-finding hearing constitutes reversible error, for the Law Guardian assigned to represent her at that proceeding could not act in loco parentis. (See, Matter of John L., 125 A.D.2d 472; Matter of Myacutta A., 75 A.D.2d 774.)
As further conceded by respondent, the plea allocution was defective in that appellant was not adequately advised of her rights, and the court failed to ensure that she understood the consequences of her plea. (Matter of John R., 71 A.D.2d 896; People v. Gina M.M., 40 N.Y.2d 595, 597.)
Accordingly, the fact-finding determination is vacated, the order of disposition reversed, and the matter remanded for a new fact-finding hearing.
Concur — Milonas, J.P., Kassal, Ellerin and Wallach, JJ.