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Matter of Nathaniel

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 469 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Family Court, Kings County (Gartenstein, 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.

The appellant argues, the respondent concedes, and we agree that reversible error was committed at the fact-finding hearing. The court's allocution was not sufficient to ensure that the appellant's admission was knowingly and intelligently made and that the appellant was adequately informed of his rights prior to admitting the allegations of the petition. Since the appellant's placement will have ended by the time this order and decision is handed down, we have dismissed the petition (see, Matter of Yolanda C., 118 A.D.2d 778). Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.


Summaries of

Matter of Nathaniel

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 469 (N.Y. App. Div. 1986)
Case details for

Matter of Nathaniel

Case Details

Full title:In the Matter of NATHANIEL H., Appellant

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

Date published: Dec 15, 1986

Citations

125 A.D.2d 469 (N.Y. App. Div. 1986)