In re Daniel D.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Orange County (Klein, J.), entered December 22, 2004, which dismissed the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to Family Court, Orange County, for further proceedings consistent herewith.

In a prior petition dated October 26, 2004, filed under docket Number D-5532/04, the Presentment Agency alleged that the appellant committed an act which, if committed by an…