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Matter of Brian H

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 925 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Order unanimously reversed on the law without costs and matter remitted to Oswego County Family Court for further proceedings in accordance with the following Memorandum: Family Court failed to comply with Family Court Act § 321.3 (1) when it consented to the entry of respondent's admission without conducting the allocution of respondent and his mother required under that statute (see, Matter of Walker, 144 A.D.2d 306; see also, Matter of Daniel H., 236 A.D.2d 874; Matter of Delmar C., 207 A.D.2d 998). We therefore reverse the order and remit the matter to Oswego County Family Court for further proceedings on the petitions. In view of our resolution, we do not address respondent's remaining contentions. (Appeal from Order of Oswego County Family Court, Roman, J. — Juvenile Delinquency.)


Summaries of

Matter of Brian H

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 925 (N.Y. App. Div. 1997)
Case details for

Matter of Brian H

Case Details

Full title:In the Matter of BRIAN H., a Person Alleged to be a Juvenile Delinquent…

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

Date published: May 30, 1997

Citations

239 A.D.2d 925 (N.Y. App. Div. 1997)
661 N.Y.S.2d 575