Judgment modified, on the law and as a matter of discretion, by vacating that portion which granted the petition, converting the proceeding to a declaratory judgment action and, upon so doing, declaring that the Department of Probation is precluded by Family Court Act § 1047 (b) from furnishing the Family Court with a report in a neglect proceeding prior to the completion of a fact-finding hearing. As so modified, judgment affirmed, without costs or disbursements.
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