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Matter of Shantique

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 590 (N.Y. App. Div. 1996)

Opinion

January 16, 1996

Appeal from the Family Court, Kings County (Ambrosio, J.).


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

Upon our review of the record, we find that reversal is required. While the court fully advised the appellant of her rights prior to her admission, the record clearly indicates that the court failed to obtain an allocution from the "person legally responsible for [her] care", to wit; her grandmother, with regard to her understanding of any rights the appellant may be waiving as a result of her admission ( see, Family Ct Act § 321.3; Matter of Melvin A., 216 A.D.2d 227; Matter of John R., 71 A.D.2d 896; see also, Matter of Allen R., 214 A.D.2d 800; Matter of Herbert TT., 192 A.D.2d 916; Matter of Edgar Q., 185 A.D.2d 432). 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 petition ( see, Matter of Brian OO., 158 A.D.2d 816).

In light of the foregoing, we do not reach any other issue. Miller, J.P., Pizzuto, Joy and Goldstein, JJ., concur.


Summaries of

Matter of Shantique

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 590 (N.Y. App. Div. 1996)
Case details for

Matter of Shantique

Case Details

Full title:In the Matter of SHANTIQUE F., a Person Alleged to be a Juvenile…

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

Date published: Jan 16, 1996

Citations

223 A.D.2d 590 (N.Y. App. Div. 1996)
636 N.Y.S.2d 407

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