Ordered that the order is reversed, on the law, without costs or disbursements, the petitioner's motion for summary judgment is denied, and the matter is remitted to the Family Court, Queens County, for a fact-finding hearing and a new determination.
The subject of this derivative abuse and severe abuse proceeding, Elijah O., was born on February 17, 2008, over three years after the appellant committed an act of abuse against Elijah's older half-brother, Lashawn....
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