Matter of Vincent D.
2009 NY Slip Op 03256 [61 AD3d 1376]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


In the Matter of Vincent D., Respondent. Erie County Attorney, Appellant. (Appeal No. 4)

—[*1] Cheryl A. Green, County Attorney, Buffalo (Michael J. Liszewski of counsel), for petitioner-appellant.

Giovanni Genovese, Law Guardian, Buffalo, for respondent-respondent.

Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J.), entered March 12, 2008 in a proceeding pursuant to Family Court Act article 3. The order, insofar as appealed from, dismissed the charge of assault in the third degree.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Jonathan M. (61 AD3d 1374 [2009]). Present—Smith, J.P., Fahey, Peradotto, Carni and Gorski, JJ.