Opinion
May 10, 2000.
Appeal from Order of Erie County Family Court, Battle, J. — Neglect.
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings on the petition.
Before: Pine, J. P., Hayes, Scudder and Kehoe, JJ.
Memorandum:
Family Court erred in ordering this neglect proceeding adjourned in contemplation of dismissal. Such an adjournment may not be ordered without the consent of petitioner ( see, Family Ct Act § 1039[a]]; Matter of Regina X., 132 A.D.2d 666; Matter of Amlinger v. Amlinger, 73 A.D.2d 1047).