Opinion
December 19, 1994
Appeal from the Family Court, Kings County (Hepner, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, "the lack of a judicial determination as to the competency of the complainant to take an oath does not warrant dismissal of the petition" (Matter of Henry M., 194 A.D.2d 606, 607; Matter of Omar O., 208 A.D.2d 429). Accordingly, the Family Court properly denied the appellant's motion to dismiss the petition since it was premised solely upon the fact that there had been no judicial determination regarding the complainant's testimonial capacity. Lawrence, J.P., Santucci, Altman and Goldstein, JJ., concur.