Order unanimously modified on the law without costs and as modified affirmed, in accordance with same memorandum as in Matter of Salvatore A. ([appeal No. 1] 154 AD2d 930 [decided herewith]). (Appeal from order of Erie County Family Court, Sedita, J. — juvenile delinquency.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.