Opinion
May 1, 1995
Appeal from the Family Court, Westchester County (Bellantoni, 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, Westchester County, for the purpose of entering an order pursuant to Family Court Act § 375.1.
The petition is jurisdictionally defective because it contains neither a ballistics report, nor other non-hearsay allegations sufficient to make out a prima facie case that the weapon was operable at the time the respondent possessed it (see, Matter of Rodney J., 83 N.Y.2d 503; Matter of Alex A., 189 A.D.2d 596). Accordingly, the petition is dismissed. Balletta, J.P., Ritter, Altman and Goldstein, JJ., concur.