Opinion
July 2, 1979
In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Orange County, dated March 22, 1977, which adjudicated appellant a juvenile delinquent and imposed restrictive placement confinement. Order affirmed, without costs or disbursements. There was no deprivation of due process merely because the same Judge presided over two fact-finding hearings involving the appellant (see Matter of Jose L., 64 A.D.2d 598). Hopkins, J.P., Titone and Margett, JJ., concur.
Damiani, J., dissents and votes to reverse the order in the interest of justice and remit the matter to the Family Court for further proceedings for the reasons expressed in the dissent of Mr. Justice Sandler at the Appellate Division, First Department, in Matter of Jose L. ( 64 A.D.2d 598).