In re Nicholas W.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, petitioner’s motion is denied and the matter is remitted to Family Court, Ontario County, for further proceedings in accordance with the following memorandum: Petitioner commenced this proceeding pursuant to Family Court Act article 10 alleging that respondent father neglected his oldest son and derivatively neglected two other children because he struck his oldest son in the face. In a criminal proceeding before the same judge who presided over the proceeding in Family Court, the father…