Opinion
December 8, 1986
Appeal from the Family Court, Queens County (Gallet, J.).
Ordered that the order dated June 4, 1985, 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 Corporation Counsel concedes that the fact-finding Judge did not advise the appellant and his parents of the appellant's relevant constitutional and statutory rights or the consequences flowing from a waiver of those rights (see, Boykin v Alabama, 395 U.S. 238; People v. Gina M.M., 40 N.Y.2d 595; Matter of Lawrence S., 29 N.Y.2d 206; Matter of John R., 71 A.D.2d 896; Matter of Steven W., 75 A.D.2d 756; Matter of Kim F., 109 A.D.2d 706; Matter of Yolanda C., 118 A.D.2d 778; Family Ct Act § 320.3, 321.3). Under these circumstances, the dispositional order appealed from must be reversed, and the fact-finding determination vacated. Moreover, since the one-year probation period imposed upon the appellant has expired, it is unnecessary to remit the proceeding to the Family Court for a new fact-finding hearing. Instead the petition should be dismissed (see, Matter of Yolanda C., supra). Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.