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Matter of John

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 472 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Family Court, Kings County (Palmer, J.).


Ordered that the order is reversed, 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.

Since the record is barren of any evidence that an attempt was made to notify the appellant's father of the fact-finding hearing or the charges against his son, and the presence of a group home representative who apparently informed the court that the appellant was no longer welcome at that residence was not an adequate substitute, the respondent concedes, and we agree, that the order must be reversed (see, Family Ct Act § 320.3, 341.2; Matter of Lloyd P., 99 A.D.2d 812). Since the appellant's involuntary placement expired on August 1, 1986, the petition is dismissed (see, Matter of Yolanda C., 118 A.D.2d 778). Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.


Summaries of

Matter of John

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 472 (N.Y. App. Div. 1986)
Case details for

Matter of John

Case Details

Full title:In the Matter of JOHN L., Appellant

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

Date published: Dec 15, 1986

Citations

125 A.D.2d 472 (N.Y. App. Div. 1986)

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