In re Tanya M.

Appellate Division of the Supreme Court of New York

In re Tanya M.

100 A.D.2d 777, 473 N.Y.S.2d 1019, 1984 N.Y. App. Div. LEXIS 17874

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1984·Published

Opinion

Order of disposition of the Family Court, Bronx County (Nason, J.), entered August 12,1983, adjudicating appellant a juvenile delinquent and placing her with the Division for Youth, Title II, for 12 months, reversed, on the law and on the facts, and matter remanded for a new fact-finding hearing, without costs. 11 As the Corporation Counsel concedes, there is no evidence in this record that a “reasonable and substantial effort” was made to notify appellant’s parent of the fact-finding hearing (Family Ct Act, § 301.3, subd 1, par [a]; § 320.3). Therefore, the order of disposition must be reversed and a new fact-finding hearing must be held. (Matter of Myacutta A., 75 AD2d 774.) Concur — Murphy, P. J., Kupferman, Sandler, Ross and Silverman, JJ.

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Order of disposition of the Family Court, Bronx County (Nason, J.), entered August 12,1983, adjudicating appellant a juvenile delinquent and placing her with the Division for Youth, Title II, for 12 months, reversed, on the law and on the facts, and matter remanded for a new fact-finding hearing, without costs. 11 As the Corporation Counsel concedes, there is no evidence in this record that a “reasonable and substantial effort” was made to notify appellant’s parent of the fact-finding hearing (Family Ct Act, § 301.3, subd 1, par [a]; § 320.3). Therefore, the order of disposition must be reversed and a new fact-finding hearing must be held. (Matter of Myacutta A., 75 AD2d 774.) Concur — Murphy, P. J., Kupferman, Sandler, Ross and Silverman, JJ.

In re Tanya M., 100 A.D.2d 777, 473 N.Y.S.2d 1019, 1984 N.Y. App. Div. LEXIS 17874 (N.Y. Ct. App. 1984).

Pincite

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Opinion

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