Opinion
December 12, 1963
Appeal from the Oneida Family Court.
Present — Williams, P.J., Bastow, Goldman, McClusky, and Noonan, JJ.
Order unanimously reversed on the law and facts, without costs, and matter remitted to the Oneida Family Court for a new hearing. Memorandum: The conduct of the fact-finding hearing was not in accordance with the provisions of section 742 FCT of the Family Court Act. If we should assume that there was any "evidence" produced, the determination of delinquency was not based on a preponderance as required by subdivision (b) of section 744 of that act.