Opinion
October 29, 1998
Appeal from the Family Court of Otsego County (Pines, J.).
Respondent appeals from an order adjudicating her a person in need of supervision (hereinafter PINS) and ordering her placed in petitioner's custody for a period of nine months. Although Family Court advised respondent of her right to remain silent at her initial appearance as required in Family Court Act § 741 (a), the court failed to do so on the day of the scheduled fact-finding hearing two months later, prior to accepting her admissions. Accordingly, we are constrained to find merit in respondent's contention that Family Court committed reversible error ( see, Family Ct Act § 741 [a]; see also, Matter of Tyronda K, 209 A.D.2d 816; Matter of Anthony SS., 197 A.D.2d 767; Matter of Guy II., 192 A.D.2d 770; Matter of Erik N., 185 A.D.2d 433; Matter of Damian C., 161 A.D.2d 1206; Matter of Rayshawn R., 161 A.D.2d 1205). Respondent's adjudication as a PINS must, therefore, be reversed and the order of disposition vacated.
Mercure, J. P., Yesawich Jr., Peters and Graffeo, JJ., concur.
Ordered that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Otsego County for further proceedings not inconsistent with this Court's decision.