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IN THE MATTER OF JONATHAN M. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner; PRISCILLA M. (ANONYMOUS), ET AL., respondents; MONICA DRINANE, ETC., nonparty-appellant. (Proceeding No. 1) IN THE MATTER OF DEXTER M. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, petitioner; PRISCILLA M. (ANONYMOUS), et al., respondents; MONICA DRINANE, ETC., nonparty-appellant. (Proceeding No. 2) IN THE MATTER OF "BABY BOY" M. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, petitioner; PRISCILLA M. (ANONYMOUS), et al., respondents; MONICA DRINANE, etc., nonparty-appellant. (Proceeding No. 3)

ORDERED that the orders of disposition are reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, before a different Judge, for further proceedings consistent herewith.

We agree with the Law Guardian that the Family Court in this matter erred in issuing the dispositional orders without first holding a dispositional hearing. The Family Court Act directs that a dispositional hearing be held as a condition precedent to the entry of a dispositional order (see Family Ct Act § 1052[a]; Matter of Michael V. v. James M., 83 N.Y.2d 178, 183; Matter of Jeffrey M., 226 A.D.2d 1114). Here, the failure to conduct a dispositional hearing limited the Family Court's ability to make an informed judgment as to the dispositional remedy which would be in the best interests of the children (see Family Ct Act § 1045, 1047, 1052[a]; Matter of Michael V., supra; Matter of Lewis T., 249 A.D.2d 646, 647; Matter of Scott M. v. Janna C., 237 A.D.2d 603, 605).

Since the Family Court erred in failing to hold a dispositional hearing, the matter must be remitted for such a hearing (see Matter of Michael V., supra; Matter of Edward L., 250 A.D.2d 853).

O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.

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IN THE MATTER OF JONATHAN M
(Jun 18, 2002)