In re Felix G.

Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J.), entered January 29, 2008 in a proceeding pursuant to Family Court Act article 3. The order, among other things, adjudged that respondent is a person in need of supervision.

It is hereby ordered that the order so appealed from is unanimously reversed in the interest of justice and on the law without costs and the matter is remitted to Family Court, Erie County, for a new hearing on the petition alleging that respondent is a juvenile delinquent.

Memorandum: Petitioner failed to preserve for our review its contention…