In re Dillon S.

—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Following an investigation into allegations that excessive corporal punishment had been inflicted on respondent’s two sons. Family Court issued an ex parte order placing the children in foster care. Following a hearing pursuant to Family Court Act § 1028, the court ordered that the children remain in foster care during the pendency of the neglect proceedings. A fact-finding hearing on the neglect petition was held, at which…