Opinion
2001-09932
Argued October 21, 2002.
November 18, 2002.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Kings County (Hepner, J.), dated October 12, 2001, which dismissed the petition.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers, A. Orli Spanier, and Janet L. Zaleon of counsel), for appellant.
Steven C. Bernstein, Brooklyn, N.Y., for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law and the facts and in the exercise of discretion, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings.
For the reasons stated in our determination of the companion appeal, the Family Court improperly dismissed the petition against Ebony Y. (see Matter of Teniqua Y., 299 A.D.2d 490 [decided herewith]).
FLORIO, J.P., KRAUSMAN, TOWNES and CRANE, JJ., concur.