In re Elizabeth R.

*59OPINION OF THE COURT

Richard Ross, J.

In this proceeding filed pursuant to Family Court Act article 3, the respondent moves, inter alia, to dismiss counts one and two of the petition. The counts allege that the respondent committed acts which, if she were an adult, would constitute the crime of assault in the first degree in violation of Penal Law § 120.10 (1) (count one) and Penal Law § 120.10 (2) (count two). The respondent was 14 at the time the alleged acts were committed.

The respondent argues that the Family Court lacks jurisdiction with respect to these counts because, in the instant…