Order unanimously reversed on the law and in the exercise of discretion without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Petitioner, an inmate at Attica Correctional Facility, appeals from an order of Family Court that denied his petition for visitation with his son with leave to re-petition when the child is five years old. The child is in the sole custody of his mother. Petitioner has never...
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