Opinion
March 24, 1986
Appeal from the Family Court, Kings County (Deutsch, J.).
Order reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, fact-finding order vacated, and petition dismissed.
As the Corporation Counsel concedes, the allocution conducted at the fact-finding hearing on which the challenged order was based was inadequate because the Family Court failed to comprehensively apprise the appellant of her various constitutional and statutory rights or of the consequences of a waiver thereof (see, People v. Gina M.M., 40 N.Y.2d 595; Matter of Schlena P., 98 A.D.2d 750; Matter of Randy H., 91 A.D.2d 685); therefore, reversal is mandated. Since the appellant has already served the one-year term of probation imposed at the dispositional hearing, we see no benefit to be gained from a remittitur for a new fact-finding determination. We have examined the appellant's remaining contention and find it to be without merit. Mangano, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.