Christine D. v. Timothy N.

*1038Appeal from an order of the Family Court, Erie County (Rosalie Bailey, J.), entered February 4, 2004 in a proceeding pursuant to article 8 of the Family Court Act. The order granted respondent’s motion to dismiss the petition based on lack of jurisdiction.

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, Erie County, for further proceedings on the petition.

Memorandum: In this proceeding commenced pursuant to Family Court Act…