In re Rodney D.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the presentment agency appeals from an order of the Family Court, Kings County (Turbow, J.), dated June 22, 2005, which dismissed the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The fact-finding hearing in this matter was scheduled to commence on June 7, 2005, which was deemed day 60 for purposes of Family Court Act § 340.1 (2). On that…