Matter of Edwin O.

Matter of Edwin O. 2012 NY Slip Op 03199 Decided on April 24, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
2011-01955
(Docket No. D-18435/10)

[*1]In the Matter of Edwin O. (Anonymous), respondent; Presentment Agency, appellant.




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.


DECISION & ORDER

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., ____ AD3d____ [decided herewith]).
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court