MATTER OF DEIBY C.

1857

68 A.D.3d 606 (2009)

2009 NY Slip Op 9511

891 N.Y.S.2d 368

In the Matter of DEIBY C., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 22, 2009.


Appellant is entitled to vacatur of his admission because "the court failed to comply with Family Court Act § 341.2 (3) which mandates that a court not proceed with any hearing in the absence of the juvenile's parent unless a `reasonable and substantial' effort has been made to notify the parent. No such effort was made here, thereby requiring reversal of the disposition" (Matter of Timothy B., 114 A.D.2d 336, 337 [1985]). The...

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