Opinion
October 23, 1961
In a proceeding under section 71 of the New York City Domestic Relations Court Act of the City of New York, to have a child adjudged to be delinquent, the child appeals from an order of the Domestic Relations Court of the City of New York, Children's Court Division, Queens County, rendered September 21, 1959, after a nonjury trial, adjudging him to be delinquent. Order reversed on the law and the facts, without costs, and the petition dismissed. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. The evidence is insufficient to establish that the child was a "delinquent child" as defined by subdivision (15) of section 2 of the said Domestic Relations Court Act. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.