Opinion
July 14, 1992
Appeal from the Family Court, Onondaga County, Hedges, J.
Present — Callahan, J.P., Green, Lawton, Boehm and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that petitioner met its burden of proving beyond a reasonable doubt that respondent committed an act which, if committed by an adult, would constitute the crime of petit larceny (see, Family Ct Act § 342.2; Penal Law § 155.25). The conflicting testimony of the witnesses presented an issue of credibility for Family Court to resolve (see, Matter of Jerry XX., 115 A.D.2d 797, lv denied 68 N.Y.2d 601; Matter of Michael D., 109 A.D.2d 633, 634, affd 66 N.Y.2d 843). Additionally, we conclude that the court's determination is not against the weight of the evidence. Finally, under the circumstances of this case, we conclude that there was compliance with the provisions of Family Court Act § 341.2 (3) (see, Matter of Dennis NN., 107 A.D.2d 914).