Opinion
November 7, 1984
Appeal from the Erie County Family Court, Killeen, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Moule, JJ.
Order unanimously reversed, without costs, and petition dismissed. Memorandum: Family Court committed reversible error in this proceeding pursuant to article 7 of the Family Court Act when it played the role of the County Attorney, who was absent, and called and examined witnesses against the respondent at the fact-finding hearing (cf. People v Yut Wai Tom, 53 N.Y.2d 44, 56-58). Moreover, the evidence adduced at that hearing is insufficient as a matter of law to establish beyond a reasonable doubt that respondent is a person in need of supervision within the meaning of subdivision (a) of section 712 and subdivision (b) of section 744 FCT of the Family Court Act (see Matter of Rebecca G., 93 A.D.2d 1000; Matter of David N., 92 A.D.2d 739).