Opinion
CAF 02-01557
November 15, 2002.
Appeal from an order of Family Court, Erie County (McLeod, J.), entered April 30, 2002, in a proceeding pursuant to Family Ct Act article 3 to adjudicate respondent a juvenile delinquent.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR RESPONDENT-APPELLANT.
FREDERICK A. WOLF, COUNTY ATTORNEY, BUFFALO (MICHAEL J. LISZEWSKI OF COUNSEL), FOR PETITIONER-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the fact-finding predicated on respondent's admission is vacated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.
Memorandum:
On appeal from an order of disposition placing respondent on probation for a period of 12 months, respondent contends that his admission to the allegations of the petition seeking to adjudicate him a juvenile delinquent was fatally defective because Family Court failed to comply with the nonwaivable provisions of Family Ct Act § 321.3 (1), in particular by failing to conduct an adequate allocution of respondent and his mother. We agree with respondent ( see Matter of Brian H. [appeal No. 2], 239 A.D.2d 925; Matter of Daniel H., 236 A.D.2d 874; Matter of Delmar C., 207 A.D.2d 998) . We therefore reverse the order of disposition, vacate the fact-finding predicated on respondent's admission, and remit the matter to Family Court, Erie County, for further proceedings on the petition.