Darla N. v. Christine N.

Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Cattaraugus County Family Court for further proceedings on petition in accordance with the following Memorandum: With respect to the order in appeal No. 1, we conclude that Family Court properly granted without a hearing respondents’ motion to dismiss the petition filed by petitioner on April 22, 1999 seeking visitation and custody with her two children. That petition was filed on the same date that the court continued a prior order in a neglect proceeding suspending petitioner’s…