Matthews v. Matthews

Appeal from an order of the Family Court, Onondaga County (George M. Raus, Jr., R.), entered June 4, 2007 in a proceeding pursuant to Family Court Act article 6. The order dismissed the motion of respondent to vacate a prior custody order.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the order entered December 4, 2006 is vacated and the matter is remitted to Family Court, Onondaga County, for further proceedings on the petition.

Memorandum: Respondent father contends that his motion to vacate an order awarding…