Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order is not appealable as of right. ( see, Family Ct Act § 365.1 Fam. Ct. Act [1]); and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
The issues raised on the appeal from the fact-finding order have been brought up for review and have been considered on the appeal from the order of disposition.
Viewing the evidence in the light most favorable to the Presentment Agency ( see, Matter of David H., 69 N.Y.2d 792; Matter of Linda D., 255 A.D.2d 512; cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the fact-finding order. Moreover, upon the exercise of our factual review power, we are satisfied that the finding that the appellant committed acts which, if committed by an adult, would have constituted the crime of assault in the third degree was not against the weight of the evidence ( cf., CPL 470.15 Crim. Proc. [5]).
The appellant's remaining contentions are without merit.
Santucci, J. P., Joy, Altman and Krausman, JJ., concur.