Michael v. Susan

Appeal from an order of the Family Court, Seneca County (Dennis F. Bender, J.), entered October 27, 2006 in a proceeding pursuant to Family Court Act article 6. The order, among other things, granted petitioner’s motion for summary judgment and awarded petitioner sole custody of the parties’ two children.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the cross petition is reinstated and the matter is remitted to Family Court, Seneca County, for a hearing on the amended petition and cross petition, and

It is further…