In re Anthony C.

OPINION OF THE COURT

Damian J. Amodeo, J.

In this Family Court Act article 7 proceeding the presentment agency seeks a declaration that respondent is a person in need of supervision. It is alleged that respondent failed to attend school in accord with the provisions of part I of article *47665 of the Education Law. A hearing was held on January 13, 1989.

Following submission of a certified transcript of respondent’s attendance record for the 1987-1988 school year, the presentment agency rested (see, Matter of John R., 79 Misc 2d 339, 345). That transcript indicated more than 50 unexcused absences…