Appellate Division of the Supreme Court of the State of New York December 22, 2009 (In re Deiby C.)

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.