¶1— Order unanimously reversed, without costs, and petition dismissed. Memorandum: Upon a review of the record, we determine that the testimony of the petitioner concerning her son’s failure “to come home on time” was not sufficiently specific to constitute proof beyond a reasonable doubt that the respondent was “incorrigible, ungovernable or habitually disobedient and beyond the lawful control of parent” (Family Ct Act, § 712, subd [b]; Matter of Richard S., 27 NY2d 802; Matter of David N., 92 AD2d 739). We determine also that there was no competent evidence of truancy. (Appeal from order of Erie County Family Court, Sedita, J. — Family Ct Act, art 7.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.
93 A.D.2d 997
In re Freeman B.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1983
Appellate Division of the Supreme Court of the State of New York · decided 1983-04-01
Decided 1983-04-01