David S.S. v. Mia B.M.

Appeal from an order of the Family Court, Erie County (Marjorie C. Mix, J.H.O.), entered August 25, 2006 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

Memorandum: Petitioner father appeals from an order of a Judicial Hearing Officer (JHO) dismissing his petition alleging that respondent mother violated the terms of an order of…