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MATTER OF DARYL D. v. SHAMEEKA W.

6417.

161 A.D.3d 416 (2018)

72 N.Y.S.3d 831

2018 NY Slip Op 03107

In the Matter of Daryl D., Appellant, v. Shameeka W. et al., Respondents.

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

Decided May 1, 2018.

As the Family Court did not reach the merits of the petition, it erred in dismissing the proceeding with prejudice (Matter of Mildred S.G. v Mark G., 62 A.D.3d 460, 462 [1st Dept 2009]; Family Ct Act §§ 651, 652).

Petitioner should be permitted to re-file the petition in Kings County, provided he include both the Administration for Children's Services and the attorney for the child as parties in the next proceeding...

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