Filed Date: 11/17/2006
Status: Precedential
Modified Date: 11/1/2024
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the fact-finding orders are vacated, and the matter is remitted to Family Court, Wayne County, for further proceedings on the petitions.
Memorandum: As petitioner correctly concedes, Family Court failed to comply with the nonwaivable provisions of Family Court Act § 321.3 in conducting the allocutions at issue. We therefore reverse the order of disposition, vacate the fact-finding orders, and remit the matter to Family Court for further proceedings on the petitions (see Matter of Mary L.M., 5 AD3d 1069 [2004]). Present—Hurlbutt, A.P.J., Gorski, Smith and Centra, JJ.