The Family Court erred in dismissing the petition (see Matter of Shakeim C., 97 AD3d 675 [2012] [decided herewith]). Rivera, J.P., Florio, Eng and Roman, JJ., concur.
In the Matter of Daryus B., a Person Alleged to be a Juvenile Delinquent, Respondent. Presentment Agency, Appellant
97 A.D.3d 672947 N.Y.S.2d 885
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