Opinion
April 8, 1993
Appeal from the Family Court of Rensselaer County (Spain, J.).
Respondent appeals from an order adjudicating him a person in need of supervision (hereinafter PINS) and placing him on probation for a period of one year. The record reveals that reversible error occurred when Family Court failed to specifically advise respondent of his right to remain silent, as required by Family Court Act § 741 (a), before accepting his admissions to the allegations in the PINS petition (see, Matter of Erik N., 185 A.D.2d 433; Matter of David B., 167 A.D.2d 885, 886; Matter of Kent H., 162 A.D.2d 1058; Matter of Rayshawn R., 161 A.D.2d 1205, 1206; Matter of Damian C., 161 A.D.2d 1206). The order adjudicating respondent a PINS must, therefore, be reversed and the order of disposition vacated.
Dismissal of the petition as legally insufficient to meet the requirements of due process is not, however, required because there is no statutory or constitutional requirement that a PINS petition set forth nonhearsay allegations of fact (see, Matter of Jodel KK., 189 A.D.2d 63; Matter of Keith H., 188 A.D.2d 81; compare, Family Ct Act § 732, with Family Ct Act § 311.2; cf., Matter of Detrece H., 78 N.Y.2d 107). Moreover, the PINS petition was sufficiently specific to comply with the requirements of Family Court Act § 732 (a). The petition, signed by respondent's father, alleged specific continuing, habitual and regular misconduct by respondent that lead to the petition being instituted, and provided respondent with sufficient notice of the nature of the conduct underlying the petition to allow him to prepare a defense (see, Family Ct Act § 732 [a]; see also, People v Keindl, 68 N.Y.2d 410, 416-417; People v Morris, 61 N.Y.2d 290, 293-295; Matter of Ralph D., 163 A.D.2d 752, 754; cf., Matter of Andrew R., 115 Misc.2d 937, 939; Matter of Reynaldo R., 73 Misc.2d 390, 394).
Weiss, P.J., Yesawich Jr., Crew III and Casey, JJ., concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Rensselaer County for further proceedings not inconsistent with this Court's decision.