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MATTER OF H.

35 A.D.2d 845 (1970)

In the Matter of Ronald H., a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 30, 1970

Order reversed, on the law, without costs, and proceeding remitted to the Family Court for a new trial to determine, by the proof-standard of evidence beyond a reasonable doubt, whether appellant is such a delinquent. The questions of fact have not been considered.

Respondent's contention that the order under review is not appealable as a matter of right is incorrect (cf. Matter of Reidout, 26 A.D.2d 780; Matter of John...

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