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Matter of Alma

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 531 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

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


Ordered that the order is reversed insofar as reviewed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a new fact-finding hearing.

The appellant contends, and the Commissioner of Social Services and the Law Guardian concede, that her admission that her daughter Sabatha A. was a neglected child was not knowing, intelligent, and voluntary ( see, Matter of Crystal II., 195 A.D.2d 710; cf., Matter of William D., 178 A.D.2d 475; Matter of Sandra W., 170 A.D.2d 512). We agree that the admission was invalid. Accordingly, a new fact-finding hearing is required ( see, Family Ct Act § 1044, 1051 Fam. Ct. Act [a]).

In light of our determination, we need not address the appellant's remaining contention regarding placement. O'Brien, J.P., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

Matter of Alma

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 531 (N.Y. App. Div. 1996)
Case details for

Matter of Alma

Case Details

Full title:In the Matter of SABATHA A. ALMA A., Appellant

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 531 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1015