In re Jayann B.

In a child neglect proceeding pursuant to Family Court Act article 10, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Dutchess County (Posner, J.), dated April 22, 2010, as, without a fact-finding hearing, granted the respondent’s motion to dismiss the petition.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the respondent’s motion to dismiss the petition is denied, and the matter is remitted to the Family Court, Dutchess County, for a fact-finding hearing.

The petitioner, Dutchess County…