In re Ali C.

Appellate Division of the Supreme Court of New York

In re Ali C.

93 A.D.3d 561, 940 N.Y.S.2d 487

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 2012

StatusPublished

This text of 93 A.D.3d 561 (In re Ali C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Ali C., 93 A.D.3d 561, 940 N.Y.S.2d 487 (N.Y. Ct. App. 2012).

Pincite

Opinion

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J), entered on or about March 7, 2011, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency concedes, there is no indication in the record that a “reasonable and substantial effort” was made to notify appellant’s mother of the juvenile delinquency proceeding (see Family Ct Act §§ 320.3, 341.2 [3]). Because appellant’s placement has expired, the proper remedy is to dismiss the petition (see Matter of James T., 304 AD2d 864 [2003]; Matter of Felicia C., 178 AD2d 530 [1991]). Concur — Tom, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J), entered on or about March 7, 2011, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency concedes, there is no indication in the record that a “reasonable and substantial effort” was made to notify appellant’s mother of the juvenile delinquency proceeding (see Family Ct Act §§ 320.3, 341.2 [3]). Because appellant’s placement has expired, the proper remedy is to dismiss the petition (see Matter of James T., 304 AD2d 864 [2003]; Matter of Felicia C., 178 AD2d 530 [1991]). Concur — Tom, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

93 A.D.3d 561, 940 N.Y.S.2d 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ali-c-nyappdiv-2012.

Opinion

Related

Cite This Page — Counsel Stack