Opinion
2012-07-11
In the Matter of TEVON F. (Anonymous), respondent. Presentment Agency, appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for appellant. Jeffrey C. Bluth, Brooklyn, N.Y., for respondent.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for appellant. Jeffrey C. Bluth, 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 Tevon F.'s motion to dismiss the petition and, in effect, dismissed the petition.
ORDERED that the order is reversed, on the law, without costs or disbursements, Tevon F.'s motion 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 A.D.3d 675, ––– N.Y.S.2d ––––, 2012 WL 2819313 [decided herewith] ).