DECISION ORDER
ORDERED that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.
The Family Court erred in finding that evidence of the appellant's conduct offered by the Presentment Agency was legally sufficient to prove beyond a reasonable doubt that he had committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree. To prove attempted assault in the third degree, sufficient evidence must be presented to infer that the appellant intended to cause physical injury to the complainant, and engaged in conduct that came "dangerously near" to an act which, if committed by an adult, would constitute the crime (Penal Law § 120.00; People v. Acosta, 80 N.Y.2d 665; Matter of Marcel F., 233 A.D.2d 442). Physical injury is defined as physical impairment or substantial pain (see, Penal Law § 10.00). Here, the 11-year-old appellant slapped the 15-year-old complainant in the back of the head and followed him into a laundromat. Viewed in the light most favorable to the Presentment Agency (see, People v. Contes, 60 N.Y.2d 620), the appellant's conduct did not rise above the level of petty slaps, shoves, or kicks, and thus, does not allow a fact-finder to rationally infer that the appellant intended to cause physical injury to the complainant (see, People v. Henderson, 92 N.Y.2d 677; Matter of Kisha J., 225 A.D.2d 549; People v. Facey, 115 A.D.2d 11, affd 69 N.Y.2d 836). Accordingly, the petition must be dismissed.