Matter of Ali C.

Matter of Ali C. 2012 NY Slip Op 02168 Decided on March 22, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 22, 2012
Tom, J.P., Friedman, Acosta, DeGrasse, Román, JJ.
7173

[*1]In re Ali C., A Person Alleged tobe a Juvenile Delinquent, Appellant.

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (John A.
Newbery of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Larry A.
Sonnenshein of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about March 7, 2011, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency concedes, there is no indication in the record that a "reasonable and substantial effort" was made to notify appellant's mother of the juvenile delinquency proceeding (see Family Ct Act §§ 320.3, 341.2[3]). Because appellant's placement has expired, the proper remedy is to dismiss the petition (see Matter of James T., 304 Ad2d 864 [2003]; Matter of Felicia C., 178 AD2d 530 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 22, 2012

CLERK