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IN THE MATTER OF FELIX G.

56 A.D.3d 1285 (2008)

In the Matter of FELIX G., Respondent. ERIE COUNTY ATTORNEY, Appellant.

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

November 21, 2008.

Memorandum:

Petitioner failed to preserve for our review its contention that Family Court erred in substituting a petition alleging that respondent is a person in need of supervision for its petition alleging that respondent is a juvenile delinquent at the close of petitioner's proof at the fact finding hearing (see generally Matter of Jonathan S., 55 A.D.3d 1324 [2008]). We nevertheless review that contention in the interest...

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