Legal Opinion

In re Deiby C.

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

Decided December 22, 2009Published

1Opinion of the Court

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 AD2d 336, 337 [1985]). The record contains no satisfactory explanation for the mother’s absence from the allocution proceeding, given that she was in court earlier the same day and was also present…

2Cases cited3 opinions

  1. In re Tyler D.Appellate Division of the Supreme Court of the State of New York · 2009
  2. In re Joshua HH.Appellate Division of the Supreme Court of the State of New York · 2002
  3. In re Timothy B.Appellate Division of the Supreme Court of the State of New York · 1985

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