Matter of Daryus B.
2012 NY Slip Op 05519 [97 AD3d 672]
July 11, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


In the Matter of Daryus B., 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 Sharyn Rootenberg of counsel), for appellant.

Yasmin Daley Duncan, Brooklyn, 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 (Toussaint, J.), dated June 2, 2011, which granted that branch of Daryus B.'s motion which was to dismiss the petition and, in effect, dismissed the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, that branch of Daryus B.'s motion which was to dismiss the petition is denied, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings on the petition.

The Family Court erred in dismissing the petition (see Matter of Shakeim C., 97 AD3d 675 [2012] [decided herewith]). Rivera, J.P., Florio, Eng and Roman, JJ., concur.