Citation Numbers: 173 A.D.2d 225, 569 N.Y.S.2d 436, 1991 N.Y. App. Div. LEXIS 5575
Filed Date: 5/9/1991
Status: Precedential
Modified Date: 10/19/2024
Final order, Family Court,
As properly conceded by the presentment agency, dismissal of the delinquency petition is required where, as here, the supporting depositions were jurisdictionally defective in that they failed to indicate whether the factual allegations asserted were based upon the deponents’ personal knowledge or upon information and belief (see, Matter of David T., 75 NY2d 927). Concur—Murphy, P. J., Ross, Ellerin and Rubin, JJ.