Opinion
June 14, 1994
Appeal from the Family Court, New York County (Bruce Kaplan, J.).
As the presentment agency concedes, on constraint of Matter of Rodney J., which was affirmed by the Court of Appeals after the instant appeal was perfected ( 194 A.D.2d 342, affd 83 N.Y.2d 503), since the laboratory report attached to the petition did not indicate that it was signed by the person who conducted the test, the petition does not contain sufficient nonhearsay allegations to make out a prima facie case that the substance tested was cocaine, and accordingly must be dismissed.
Concur — Carro, J.P., Rosenberger, Kupferman, Nardelli and Tom, JJ.