In re Amber S.

Appeal from an order of the Family Court, Allegany County *1033(Thomas E Brown, J.), entered June 1, 2005 in a proceeding pursuant to Family Court Act § 1062. The order dismissed the petition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Allegany County, for a hearing on the petition.

Memorandum: Amber S. was born in 1998 and was nine months old when her parents ended their relationship. Petitioner father moved to Wisconsin at that time, and he…