¶1While there is some question whether the mother was aware of the nature of the proceedings, she and the son were present in court. *216Hence, there was no need for process, and all that justice would require is a new hearing rather than dismissal.
¶2Botein, P. J., M. M. Frank, McNally and Bergan, JJ., concur in Per Curiam opinion; Breitel, J., concurs in part and dissents in part in memorandum.
¶3Judgment and order reversed upon the law and upon the facts, and the petition dismissed.