Davis v. Koch

Appeal from an order of the Family Court, Dutchess County (Denise M. Watson, J.), entered June 16, 2014. The order dismissed, without prejudice, the father’s petition seeking visitation with the subject children due to his failure to prosecute this matter.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to Family Court, Dutchess County, for further proceedings consistent herewith.

The father, an inmate at a correctional facility, correctly contends that the Family Court erred in dismissing his petition for failure to prosecute. Where,…