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In the Matter of EJIRO A. (ANONYMOUS), appellant.

DECISION ORDER

ORDERED that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the appellant's record is sealed pursuant to Family Court Act § 375.1 Fam. Ct. Act.

Despite the fact that the appellant's term of probation has already expired, there may be collateral consequences resulting from the adjudication of delinquency, and therefore the appeal has not been rendered academic ( see, Matter of Denise M.W., 122 A.D.2d 556; Matter of Erik P., 42 A.D.2d 908; see also, Matter of Dorothy D., 49 N.Y.2d 212).

There was insufficient evidence adduced at the dispositional hearing to demonstrate by a preponderance of the evidence that the appellant was in need of supervision, treatment, or confinement. Consequently, the petition should have been dismissed ( see, Matter of Kyung C., 169 A.D.2d 721; Matter of Jens P., 159 A.D.2d 707; Family Ct. Act § 352.1 Fam. Ct. Act[2]).

We note that expungement of the appellant's records pursuant to Family Court Act § 375.1 Fam. Ct. Act is appropriate.

RITTER, J.P., FEUERSTEIN, SCHMIDT, and SMITH, JJ., concur.

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MATTER OF EJIRO A
(Jan 27, 2000)