In re Andres S.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.