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In re Samuel R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 19, 2009

IN RE SAMUEL R., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Orders, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about April 18, 2008 and April 28, 2008, which remanded appellant to a detention facility operated by the New York City Department of Juvenile Justice, unanimously reversed, on the law, without costs, and the order vacated.

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.

Andrias, J.P., Saxe, Sweeny, Nardelli, Freedman, JJ.

Presentment Agency

For the reasons stated in Matter of Jazmin A. (AD3d [decided herewith]), we conclude that appellant was unlawfully remanded to detention in the absence of a violation of probation petition. Since there was no compliance with the procedural requirements of Family Court Act § 355.2, we similarly decline to decide the hypothetical questions presented concerning Family Court Act § 355.1.

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

20090519

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