MATTER OF SMITH v. SMITH, JR.


283 A.D.2d 1000 (2001)

723 N.Y.S.2d 804

In the Matter of STEPHANIE S. SMITH, Appellant, v. WILLIAM S. SMITH, JR., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 2, 2001.


Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing the pro se petition alleging that respondent violated the visitation provisions of a prior court order. Petitioner alleged that respondent had alienated the children from her and undermined their visitation with her. The court adjourned the proceeding...

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