Opinion
December 18, 1987
Appeal from the Erie County Family Court, Sedita, J.
Present — Doerr, J.P., Boomer, Green, Lawton and Davis, JJ.
Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Reversal of the order adjudicating respondent a juvenile delinquent is mandated because the procedures set forth in Family Court Act § 321.3 (1) were not followed (see, Matter of Delfin A., 123 A.D.2d 318; Matter of Joseph G., 52 A.D.2d 924; Sobie, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 321.3). The admission to the allegations of the petition was made by the attorney and not by respondent personally, and the court did not ascertain through allocution that respondent admitted to the acts alleged in the petition, that she voluntarily waived her rights to a fact-finding hearing, and that she was aware of possible dispositional orders. As expressly provided by subdivision (1) (c) of section 321.3, "The provisions of this subdivision shall not be waived."