MATTER OF KYUNG

Ordered that the order of disposition is reversed, as a matter of discretion in the interest of justice, 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.

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, Family Ct Act § 350.3; § 352.1 [2]; Matter of Jens P., 159 A.D.2d 707). The only evidence offered at the dispositional hearing was a report by the Probation Department which essentially concluded that the underlying incident was an isolated event and that the appellant received adequate supervision by his parents. Thompson, J.P., Kunzeman, Lawrence and O'Brien, JJ., concur.