Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Herkimer County Family Court for further proceedings in accordance with the following Memorandum: Petitioner, who is incarcerated, filed a petition for visitation seeking an order to allow him to "have a chance to get to know my [d]aughter". Petitioner had previously agreed, however, that he would not file a petition for visitation while he is incarcerated. That agreement was recited...
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