Brudasca v. Cottone

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of disposition of the Family Court, Queens County (Jolly, J.), dated September 28, 2012, which dismissed her petition on the ground of failure to prosecute.

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

The appellant alleged in her petition that the respondent violated a temporary order…