In re Zachary H.

Appeal from an order of the Family Court, Wayne County (Stephen R. Sirkin, J.), entered August 19, 2004 in a proceeding pursuant to Family Court Act article 3. The order adjudged that respondent is a juvenile delinquent and placed him in the custody of the New York State Office of Children and Family Services for a period of 12 months.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Jefferson County, for further proceedings on the petition.

Memorandum: On appeal from an order…