Opinion
May 27, 1988
Appeal from the Erie County Family Court, Sedita, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Lawton, JJ.
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: The admission to the allegations of the petition was made by the Law Guardian and not by respondent personally. Further, the court did not ascertain through allocution that respondent admitted to the acts alleged in the petition, that he voluntarily waived his rights to a fact-finding hearing, and that he was aware of the possible dispositional orders (see, Family Ct Act § 321.3). Accordingly, the court should not have accepted the admission (see, Matter of Tina P., 135 A.D.2d 1105).