In re Carlton E.

—Order of the Family Court, New York County (Jeffry Gallet, J.), entered January 13, 1993, which granted a motion by the respondent, Carlton E., to dismiss, without prejudice, the juvenile delinquency petition against him, is unanimously reversed, on the law and facts, and the petition is reinstated and remanded for further proceedings, without costs or disbursements.

The Family Court, in this matter, committed reversible error when it dismissed the petition charging respondent with the attempted rape and sexual abuse of two nine year old children based upon the Presentment Agency’s purported…