IN RE: MELANIE “UU”

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: MELANIE “UU”,1 Alleged to be a Person in Need of Supervision. Otsego County Department of Social Services, Respondent; Melanie “UU”, Appellant.

Decided: October 29, 1998

Before MERCURE, J.P., YESAWICH, PETERS, SPAIN and GRAFFEO, JJ. Bruce Maxson, Law Guardian, Cooperstown, for appellant. Steven E. Ratner, Department of Social Services, Cooperstown, for respondent.

Appeal from an order of the Family Court of Otsego County (Pines, J.), entered October 22, 1996, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 7, to adjudicate respondent a person in need of supervision.

Respondent appeals from an order adjudicating her a person in need of supervision (hereinafter PINS) and ordering her placed in petitioner's custody for a period of nine months.   Although Family Court advised respondent of her right to remain silent at her initial appearance as required in Family Court Act § 741(a), the court failed to do so on the day of the scheduled fact-finding hearing two months later, prior to accepting her admissions.   Accordingly, we are constrained to find merit in respondent's contention that Family Court committed reversible error (see, Family Ct. Act § 741[a];  see also, Matter of Tyronda K. [Edith L.], 209 A.D.2d 816, 618 N.Y.S.2d 603;  Matter of Anthony SS., 197 A.D.2d 767, 604 N.Y.S.2d 826;  Matter of Guy II. [Thomas II.], 192 A.D.2d 770, 595 N.Y.S.2d 986;  Matter of Erik N. [Diane P.], 185 A.D.2d 433, 585 N.Y.S.2d 634;  Matter of Damian C., 161 A.D.2d 1206, 556 N.Y.S.2d 429;  Matter of Rayshawn R., 161 A.D.2d 1205, 558 N.Y.S.2d 870).   Respondent's adjudication as a PINS must, therefore, be reversed and the order of disposition vacated.

ORDERED that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Otsego County for further proceedings not inconsistent with this court's decision.

SPAIN, Justice.

MERCURE, J.P., and YESAWICH, PETERS and GRAFFEO, JJ., concur.

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