Matter of Dennis

Appellate Division of the Supreme Court of New York, Second DepartmentOct 3, 1994
208 A.D.2d 541 (N.Y. App. Div. 1994)
208 A.D.2d 541616 N.Y.S.2d 998

October 3, 1994

Appeal from the Family Court, Kings County (Dabiri, J.).

Ordered that the order of disposition is reversed, on the law, the fact-finding order is vacated, the petition is dismissed, and the appellant's record is sealed pursuant to Family Court Act § 375.1, without costs or disbursements.

As conceded by the presentment agency on appeal, the petition is jurisdictionally defective because the annexed ballistics report lacked sufficient nonhearsay allegations to make out a prima facie case that the gun and ammunition were operable (see, Matter of Rodney J., 83 N.Y.2d 503). Accordingly, the petition is dismissed. Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.