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 is reinstated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.
Memorandum:
In this proceeding commenced pursuant to Family Court Act article 8, Family Court erred in granting respondent's motion to dismiss the petition based on lack of jurisdiction....
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