Opinion
April 1, 1983
Appeal from the Erie County Family Court, Sedita, J.
Present — Hancock, Jr., J.P., Doerr, Denman, Boomer and Schnepp, JJ.
Order unanimously reversed, without costs, and petition dismissed. Memorandum: Upon a review of the record, we determine that the testimony of the petitioner concerning her son's failure "to come home on time" was not sufficiently specific to constitute proof beyond a reasonable doubt that the respondent was "incorrigible, ungovernable or habitually disobedient and beyond the lawful control of parent" (Family Ct Act, § 712, subd [b]; Matter of Richard S., 27 N.Y.2d 802; Matter of David N., 92 A.D.2d 739). We determine also that there was no competent evidence of truancy.