Matter of Edwin O.
2012 NY Slip Op 03199 [94 AD3d 1126]
April 24, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


In the Matter of Edwin O., a Person Alleged to be a Juvenile Delinquent, Respondent. Presentment Agency, Appellant.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Andrew S. Wellin of counsel), for appellant.

Michael A. Fiechter, Bellmore, N.Y., for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the Presentment Agency appeals from an order of the Family Court, Kings County (Elkins, J.), dated October 18, 2010, which dismissed the petition.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the Presentment Agency's contention, the Family Court properly dismissed the petition for facial insufficiency (see Matter of Christopher M., 94 AD3d 1119 [2012] [decided herewith]). Skelos, J.P., Florio, Eng and Roman, JJ., concur.