Opinion
No. CAF 06-00894.
November 17, 2006.
Appeal from an order of the Family Court, Wayne County (Dennis M. Kehoe, J.), entered March 1, 2006 in a proceeding pursuant to Family Court Act article 3. The order adjudged that respondent is a juvenile delinquent and placed respondent for a period of 12 months in the custody of the New York State Office of Children and Family Services.
Before: Present — Hurlbutt, A.P.J., Gorski, Smith and Centra, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the fact-finding orders are vacated, and the matter is remitted to Family Court, Wayne County, for further proceedings on the petitions.
Memorandum: As petitioner correctly concedes, Family Court failed to comply with the nonwaivable provisions of Family Court Act § 321.3 in conducting the allocutions at issue. We therefore reverse the order of disposition, vacate the fact-finding orders, and remit the matter to Family Court for further proceedings on the petitions ( see Matter of Mary L.M., 5 AD3d 1069).