In re Alfred B.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the presentment agency appeals from an order of the Family Court, Queens County (Lauria, J.), dated October 7, 1993, which granted the respondent’s motion to dismiss the petition.

Ordered that the order is affirmed, without costs or disbursements.

The respondent correctly contends that the delay between the filing of the delinquency petition and his initial appearance violated Family Court Act § 320.2 (1), which provides, in relevant part, that when a respondent is not in detention, the initial appearance must be held…