| Matter of Rodriguez v Rodriguez |
| 2004 NY Slip Op 04971 [8 AD3d 1032] |
| June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Carmen Rodriguez, Appellant, v Jose M. Rodriguez, Respondent. (Appeal No. 2.) |
—[*1]Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered January 23, 2003. The order dismissed the petition and directed that the child be returned to her mother.
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 further proceedings in accordance with the same memorandum as in Matter of Rodriguez v Albino (8 AD3d — [2004]). Present—Hurlbutt, J.P., Scudder, Gorski, Martoche and Hayes, JJ.