MATTER OF JOSE E.

2012-01570.

100 A.D.3d 629 (2012)

953 N.Y.S.2d 625

In the Matter of JOSE E., Respondent. PRESENTMENT AGENCY, Appellant.

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

November 7, 2012.


Ordered that the order is reversed, on the law, without costs or disbursements, the respondent's motion to dismiss the petition is denied, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings on the petition.

The Presentment Agency filed a petition charging Jose E., the respondent, with acts which, if committed by an adult, would constitute the crimes of assault in the third degree (Penal Law § 120...

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