Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MATTER OF LLOYD

Appellate Division of the Supreme Court of New York, Second Department.
Feb 21, 1984
Important Paras
Please sign up to view Important Paras.

Order reversed, and fact-finding determination vacated, without costs or disbursements, and matter remitted to the Family Court, Westchester County, for appointment of a guardian ad litem and a new fact-finding hearing, in accordance herewith. It was error for the court to accept appellant's admission of the allegations against him without first requiring a "reasonable and substantial effort" to notify his parents, and then appointing a guardian ad litem, if such effort proved unavailing (Family Ct Act, ยง 741, subds [a], [c]). The obviously antagonistic position taken by the school in whose custody appellant was then placed renders the presence of its officials an inadequate substitute. Accordingly, appellant is entitled to a new hearing at which he will have the guidance of the appointed guardian (see Matter of Myacutta A., 75 A.D.2d 774). Titone, J.P., Lazer, Mangano and Thompson, JJ., concur.