Opinion
October 27, 1970
Order of the Family Court of the State of New York, Bronx County, entered on November 7, 1969, adjudging appellant a person in need of supervision, unanimously reversed on the law, and the matter remanded to Family Court, Bronx County, for further proceedings in accordance with this disposition. Commendably, the Corporation Counsel has conceded in his brief the propriety of the relief hereby afforded appellant. The charge of juvenile delinquency against appellant could not be sustained because the alleged harassment and loitering did not constitute an "act which, if done by an adult, would constitute a crime" (Family Ct. Act, § 712, subd. [a]). The court substituted a proceeding to have appellant adjudged a person in need of supervision (subd. [b]), but "a single instance of wrongful conduct" does not provide a basis for such an adjudication ( Matter of Bordone v. Allen F., 33 A.D.2d 890, 891). The instant proceeding was discharged to another proceeding, not before us on this appeal, for which reason we do not dismiss, but reverse and remand.
Concur — Capozzoli, J.P., McGivern, Markewich, McNally and Tilzer, JJ.