MATTER OF WALKER v. BOWMAN


70 A.D.3d 1323 (2010)

893 N.Y.S.2d 775

In the Matter of EDDIE COREY WALKER, JR., Appellant, v. TEESHA D. BOWMAN, Respondent.

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

Decided February 11, 2010.


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, Onondaga County, for further proceedings on the petition.

Memorandum: Petitioner father appeals from an order in which Family Court sua sponte dismissed the petition for "lack of jurisdiction." We note at the outset that, because the order did not determine a motion made on notice, it is not appealable...

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