Commissioner of Social Services

—Order, Family Court, Bronx County (Marjory D. Fields, F.C.J.), entered March 8, 1989, dismissing both petitions without prejudice, unanimously reversed, on the law, the facts and in the exercise of discretion, and the petitions reinstated, without costs.

It was error for the court, on its own motion, to dismiss these child protection proceedings commenced under article 10 of the Family Court Act, alleging abuse and neglect by respon*467dent mother with respect to her four-year-old daughter and neglect with respect to her 15-year-old son.

At the hearing of this matter on March 8, 1989, the…