Matter of Deiby C.

Matter of Deiby C. 2009 NY Slip Op 09511 [68 AD3d 606] December 22, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Deiby C., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about February 25, 2008, which adjudicated appellant a juvenile delinquent, upon his admission he had committed an act that, if committed by an adult, would constitute the crime of possession of a stolen vehicle in violation of Vehicle and Traffic Law § 426, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously reversed, on the law, without costs, and the petition dismissed.

Appellant is entitled to vacatur of his admission because "the court failed to comply with Family Court Act § 341.2 (3) which mandates that a court not proceed with any hearing in the absence of the juvenile's parent unless a 'reasonable and substantial' effort has been made to notify the parent. No such effort was made here, thereby requiring reversal of the disposition" (Matter of Timothy B., 114 AD2d 336, 337 [1985]). The record contains no satisfactory explanation for the mother's absence from the allocution proceeding, given that she was in court earlier the same day and was also present at the dispositional hearing. Since this requirement is nonwaivable, preservation is not required (see Matter of Tyler D., 64 AD3d 1243, 1244 [2009]).

Since appellant completed his period of placement, we dismiss the petition rather than remanding the matter for further proceedings (see e.g. Matter of Joshua HH., 299 AD2d 760[*2][2002]). We have considered and rejected the presentment agency's remaining arguments. Concur—Gonzalez P.J., Tom, Sweeny, Freedman and Abdus-Salaam, JJ.