IN RE: JENNIFER ALESSIO (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: JENNIFER ALESSIO, PETITIONER-APPELLANT, v. HAROLD BURCH, RESPONDENT-RESPONDENT.

CAF 09-02494

Decided: November 12, 2010

PRESENT: MARTOCHE, J.P., CENTRA, CARNI, LINDLEY, AND PINE, JJ.

ALAN BIRNHOLZ, EAST AMHERST, FOR PETITIONER-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Erie County, for a new hearing on the petition.

Memorandum: Petitioner appeals from an order dismissing her family offense petition pursuant to Family Court Act article 8 based on Family Court's determination that petitioner's testimony at the hearing on the petition was not credible. We agree with petitioner that, because the transcript of the hearing includes only one page of her direct examination, meaningful appellate review of the pivotal basis for the court's determination, i.e., that petitioner was not credible, is not possible (see White v. Fischer, 73 AD3d 1372, 1373; see also Matter of Cobrin [Telecom Consulting Group NE Corp.-Commissioner of Labor], 36 AD3d 1166, 1166-1167). We therefore are compelled to reverse the order and remit the matter for a new hearing on the petition (see Weckstein v. Breitbart, 111 A.D.2d 6, 8; see generally Matter of Jordal v Jordal, 193 A.D.2d 1102).

Patricia L. Morgan

Clerk of the Court

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