Opinion
February 2, 1990
Appeal from the Erie County Family Court, O'Donnell, J.
Present — Callahan, J.P., Doerr, Green, Pine and Lawton, JJ.
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Family Court failed to comply with the strict requirements of the Family Court Act. Section 321.3 (1) of the Family Court Act mandates:
"The court shall not consent to the entry of an admission unless it has advised the respondent of his right to a fact-finding hearing. The court shall also ascertain through allocution of the respondent and his parent or other person legally responsible for his care, if present, that
"(a) he committed the act or acts to which he is entering an admission,
"(b) he is voluntarily waiving his right to a fact-finding hearing, and
"(c) he is aware of the possible specific dispositional orders. The provisions of this subdivision shall not be waived."
The provisions of this statute apply to juvenile delinquency proceedings as well as to PINS proceedings (see, Matter of Jacqueline P., 149 A.D.2d 933; see also, Family Ct Act § 741). Since Family Court did not comply with these mandates, reversal is required (see, Matter of Paul H., 154 A.D.2d 943; Matter of Patricia Ann R., 154 A.D.2d 933; Matter of David Paul W., 151 A.D.2d 1042; Matter of Jacqueline P., supra; Matter of Mark S., 144 A.D.2d 1010; Matter of Tomika M., 136 A.D.2d 951).