MTR. OF JOHN P.


74 A.D.2d 403 (1980)

In the Matter of John P. (Anonymous), Respondent. W. R. Bresnahan, Appellant

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

May 5, 1980


Attorney(s) appearing for the Case

Marc L. Parris, County Attorney (Gary L. Lipton of counsel), for appellant.

Robert Abrams, Attorney-General (Robert J. Schack and George D. Zuckerman of counsel; Ann Horowitz on the brief), intervenor pro se.

LAZER, J. P., RABIN and O'CONNOR, JJ., concur.


GULOTTA, J.

The question raised by this appeal, which appears to be one of first impression, is whether the petitioner in a juvenile delinquency proceeding may constitutionally appeal an enforceable dispositional order of the Family Court on the ground, inter alia, that it was not supported by a preponderance of the evidence (see Family Ct Act, § 745). The gravamen of appellant's position is that...

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