Opinion
February 20, 1996
Appeal from the Family Court, Orange County (Bivona, J.).
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the matter is remitted to the Family Court, Orange County, for the purpose of entering an order pursuant to Family Court Act § 375.1.
There was insufficient evidence to establish that the complainant suffered a "physical injury", an essential element of assault in the third degree ( see, Penal Law 120.00; Matter of Philip A., 49 N.Y.2d 198; People v. Briggs, 220 A.D.2d 762; Matter of Robert C., 185 A.D.2d 845; People v. Carney, 179 A.D.2d 818; People v. Foster, 162 A.D.2d 703; People v. Holden, 148 A.D.2d 635; Matter of Robin B., 78 A.D.2d 679).
In light of the foregoing, we do not reach the appellant's remaining contentions. O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.