Opinion
March 6, 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 appellant correctly contends that the petition and the supporting depositions filed by the presentment agency do not contain nonhearsay allegations establishing every element of the crimes charged and the appellant's commission thereof (see, Family Ct Act § 311.2; Matter of Lisette V., 199 A.D.2d 513; Matter of Robert C., 185 A.D.2d 845; cf., Matter of Antwan B., 198 A.D.2d 348). Therefore, although the appellant's guilt was proven beyond a reasonable doubt, the petition must be dismissed.
In view of our determination, we do not reach the appellant's remaining contentions. Balletta, J.P., Thompson, Joy and Florio, JJ., concur.