In re Charles BB.

Mercure, J. P.

Appeal from an order of the Family Court of Ulster County (Czajka, J.), entered December 6, 1999, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.

As a threshold matter, we reject petitioner’s contention that the appeal is untimely. Respondent’s appeal is from the order of fact finding and disposition entered on December 6, 1999, and not the November 23, 1999 order of detention relied upon by petitioner. The record reflects that the appeal was taken within 35 days following the mailing…