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Commissioner of Social Services v. Bueme

96 A.D.2d 1147 Court N.Y. App. Div. Decision date 1983-09-23 English

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p. 1147
In the Matter of Commissioner of Social Services of Erie County, on Behalf of Kim Lewczyk, Appellant, v Steven Bueme, Respondent.

— Order unanimously reversed, without costs, motion denied, and petition reinstated. Memorandum: Inasmuch as the original petition was dismissed without prejudice and the instant petition was refiled within the statutory period of limitation (see Family Ct Act, § 517, subd [b]) there was no legal basis to dismiss (see Matter of Commissioner of Social Servs. v Reichlin, 93 AD2d 1000 ; Matter of Commissioner of Social Servs. v Hargrove, 84 AD2d 946 ). (Appeal from order of Erie County Family Court, Notaro, J. — paternity.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.