Opinion
February 28, 1983
Appeal from the Erie County Family Court, Sedita, J.
Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and Moule, JJ.
Order unanimously reversed and petition dismissed. Memorandum: The evidence adduced at the fact-finding hearing is insufficient as a matter of law to establish beyond a reasonable doubt (see Matter of Richard S., 27 N.Y.2d 802; Matter of Terry UU, 52 A.D.2d 683) that appellant is a person in need of supervision within the meaning of the Family Court Act (§ 712, subd [b]; § 732).