Opinion
December 17, 1984
Appeal from the Family Court, Queens County (Gallet, J.).
Order of disposition reversed and fact-finding determination vacated, on the law and the facts, and petition dismissed, without costs or disbursements.
We find insufficient evidence to support the view that there was a threat of imminent serious physical injury to the complainant. Thus, the evidence failed to establish that appellant committed an act which, if done by an adult, would have constituted the crime of menacing (Penal Law, § 120.15; see, also, Matter of Carlos V., 55 A.D.2d 958). Mollen, P.J., Gibbons, Thompson and Bracken, JJ., concur.