Civil Procedure · MBE-tested

In the Matter of Rayshawn R., a Person Alleged to be in Need of Supervision

161 A.D.2d 1205·New York Supreme Court, Appellate Division·1990·NY

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Opinion

In the Matter of Rayshawn R., a Person Alleged to be in Need of Supervision. [MAJORITY] Order unanimously reversed on the law and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Respondent appeals from an order adjudicating him to be a person in of supervision. Since the court failed to advise respondent of his right to remain silent as required by Family Court Act § 741 (a), the adjudication must be vacated (see, Matter of Augustina F., 156 AD2d 1030; Matter of Patricia Ann R., 154 AD2d 933; Matter of Mark S., 144 AD2d 1010). (Appeal from order of Erie County Family Court, Sedita, J.— PINS.) Present-—Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.