In re Noah M.

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Queens County (Tally, J.), dated December 7, 2012, which denied, without a hearing, his motion pursuant to Family Court Act § 1061 to modify or vacate an order of fact-finding and disposition of the same court dated November 23, 2011.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying that branch of the father’s motion which was to vacate so much of the order of fact-finding and disposition dated…