In re Aaron D.

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered October 24, 2005 in a proceeding pursuant to Family Court Act article 10. The order dismissed the petition against respondent Andrea D.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the petition against respondent Andrea D. is reinstated and the matter is remitted to Family Court, Erie County, to reopen the fact-finding hearing in accordance with the following memorandum: Family Court erred in granting the…