Opinion
April 1, 1983
Appeal from the Erie County Family Court, Sedita, J.
Present — Hancock, Jr., J.P., Doerr, Denman, Moule and Schnepp, 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 subdivision (b) of section 712 and section 732 FCT of the Family Court Act (see Matter of Freeman B., 93 A.D.2d 997; Matter of David N., 92 A.D.2d 739).