From Casetext: Smarter Legal Research

Matter of Ashley A.

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 2002
296 A.D.2d 627 (N.Y. App. Div. 2002)

Opinion

90383

July 3, 2002.

Appeal from an order of the Family Court of Schoharie County (Bartlett III, J.), entered June 7, 2001, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 7, to revoke respondent's probation.

Thomas F. Garner, Law Guardian, Middleburgh, for appellant.

Michael A. West, County Attorney, Cobleskill (Marvin D. Parshall Jr. of counsel), for respondent.

Before: Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ.


MEMORANDUM AND ORDER


Respondent was placed on probation after having been adjudicated a person in need of supervision. Thereafter, petitioner charged her with several violations of the terms and conditions of probation. Family Court accepted admissions from respondent that she had, in fact, violated several of the terms of probation. Family Court, however, did not advise petitioner, as required by Family Court Act § 741(a), that she had the right to remain silent. Such failure is reversible error and compels us to vacate the order of disposition (see, Matter of Shaun U., 288 A.D.2d 708, 709). As a result, we need not consider the balance of respondent's arguments.

Mercure, J.P., Crew III, Spain and Rose, JJ., concur.

ORDERED that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Schoharie County for further proceedings not inconsistent with this Court's decision.


Summaries of

Matter of Ashley A.

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 2002
296 A.D.2d 627 (N.Y. App. Div. 2002)
Case details for

Matter of Ashley A.

Case Details

Full title:In the Matter of ASHLEY A., a Person in Need of Supervision. AMY WAYMAN…

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

Date published: Jul 3, 2002

Citations

296 A.D.2d 627 (N.Y. App. Div. 2002)
745 N.Y.S.2d 121

Citing Cases

In re Corey WW.

mposed, the present appeal is not moot inasmuch as respondent's admissions carry collateral legal…

In the Matter of Matthew

A dispositional hearing was held and Family Court, relying in part upon respondent's admissions, initially…