Muller v. Castagnola

In a family offense proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Nassau County (Eisman, J.), dated October 19, 2010, which, without a hearing, dismissed the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Nassau County, for a hearing and a new determination on the petition thereafter.

In her family offense petition, the mother indicated that an order of protection against the father was due to expire, and she sought a…