It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Erie County, for a hearing in accordance with the following memorandum: We agree with petitioner, the child's biological mother, that Family Court erred in dismissing her petition seeking sole custody of the child without conducting a hearing. The child was residing with respondent...
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