MATTER OF DEIBY C.

M650

73 A.D.3d 602 (2010)

906 N.Y.S.2d 4

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 May 25, 2010.


Appellant argues that Family Court erred in taking his admission outside his mother's presence because the statutory prescription to include a parent in the allocution provides that it "shall not be waived" (Family Ct Act § 321.3 [1]) and his mother's presence at the hearing was required in view of the court's failure to affirmatively establish that "reasonable and substantial effort ha[d] been made to notify" her of the proceedings (Family Ct Act § 341.2 [3])....

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