In re Cerino P.

Appeal from an order of Family Court, Livingston County (Cicoria, J.), entered January 2, 2002, which adjudicated respondent a juvenile delinquent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed in furtherance of justice without costs and the petition is dismissed.

Memorandum: Respondent was adjudicated a juvenile delinquent based upon Family Court’s finding that he committed an act that, if committed by an adult, would constitute sexual misconduct as defined by section 130.20 of the Penal Law. The proof establishes that respondent had sexual…