It is hereby ordered that the order so appealed from 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 on the petition.
Memorandum:
Petitioner father contends on appeal that Family Court erred in dismissing his petition seeking custody of his child without conducting a hearing. We agree. The court summarily dismissed the petition based on the father's prior consent...
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