Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for a continued fact-finding hearing and a new determination of the petition thereafter.
Following the death of the subject children's mother, the petitioner, the children's maternal grandfather, commenced this proceeding seeking visitation with the children, who live with their...
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