Mayer v. Londraville

Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, J.), entered February 3, 2005 in a proceeding pursuant to Family Court Act article 6. The order granted respondent’s motion to dismiss the petition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and the matter is remitted to Family Court, Jefferson County, for a hearing on the petition in accordance with the following memorandum: Family Court erred in granting respondent’s motion to…