MATTER OF ANTONIO P., 40 N.Y.2d 960 (1976)

359 N.E.2d 427, 390 N.Y.S.2d 919

In the Matter of ANTONIO P., a Person Alleged to be a Juvenile Delinquent, Appellant. CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.Argued October 18, 1976
Decided November 23, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDITH MILLER, J.

David J. Lansner and Nancy E. Le Blanc for appellant.

W. Bernard Richland, Corporation Counsel (Diane R. Eisner an L. Kevin Sheridan of counsel), for respondent.

MEMORANDUM. Order affirmed, without costs, on the opinion by Judge EDITH MILLER in Family Court. It need only be added that appellant’s contentions were considered and by implication rejected by this court in Matter of Richard S. v City of New York (32 N.Y.2d 592, mot for rearg den 33 N.Y.2d 744). The cited provision of the statute has not changed since (Family Ct Act, §255).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.