—[*1] Brendan O'Donnell, Law Guardian, Interlaken, for respondent-appellant.

Frederick R. Westphal, County Attorney, Auburn (Joseph E. Pettigrass of counsel), for petitioner-respondent.

Appeal from an order of the Family Court, Cayuga County (Michael F. McKeon, A.J.), dated May 31, 2007 in a proceeding pursuant to Family Court Act article 3. The order, among other things, adjudged that respondent is a juvenile delinquent and placed respondent in the custody of the New York State Office of Children and Family Services.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: On appeal from an order adjudging him to be a juvenile delinquent and placing him in the custody of the New York State Office of Children and Family Services, respondent contends that the petition is not in compliance with Family Court Act § 311.2 (3). Petitioner has submitted a letter to this Court consenting to the dismissal of the petition, which is the relief sought by respondent. We therefore grant that relief. Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.