Opinion
December 16, 1991
Appeal from the Family Court, Westchester County (Barone, J.).
Ordered that the order of disposition is reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, the fact-finding determination is vacated, and the petition is dismissed.
There is no indication in the record that a "reasonable and substantial effort" was made to notify the appellant's parents with respect to the scheduling of the fact-finding hearing (see, Family Ct Act § 320.3, 341.2; Matter of John L., 125 A.D.2d 472; Matter of Lloyd P., 99 A.D.2d 812; Matter of Myacutta A., 75 A.D.2d 774). The appellant's placement has expired. Although an application to extend her placement was made, counsel has advised us that this application was later withdrawn. Under these circumstances, no purpose would be served by ordering a new fact-finding hearing, and the proper remedy is, therefore, to dismiss the underlying petition (see, Matter of John L., supra). In light of this determination, we need not address the appellant's remaining contentions. Bracken, J.P., Harwood, Eiber and Rosenblatt, JJ., concur.