Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered November 15, 2007 in a proceeding pursuant to Social Services Law § 384-b. The order found that respondent permanently neglected her child and terminated respondent’s parental rights.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, petitioner’s motion is denied, and the matter is remitted to Family Court, Erie County, for a hearing on the petition.
Memorandum: Family Court erred in granting petitioner’s motion for a default order finding that respondent mother permanently neglected her son and thereafter, following a dispositional hearing, terminating her parental rights with re-
We therefore reverse the order, deny petitioner’s motion, and remit the matter to Family Court for a hearing on the petition. Present—Hurlbutt, J.P, Martoche, Garni, Green and Pine, JJ.