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IN THE MATTER OF ROSALEE VASCIANNIO, respondent, v. HOWARD NEDRICK, appellant.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Family Court "properly exercised its inherent power to vacate in the interest of justice its prior order which was based on mistaken information" (Block v. Block, 153 A.D.2d 601, 603). The father failed to show "good cause" for a temporary order of protection against the mother on behalf of the child (see Family Ct Act § 828[a]).

Moreover, summary dismissal of the family offense petition was proper as it was devoid of specificity (see Family Ct Act § 821; Matter of Jones v. Roper, 187 A.D.2d 593; cf. Matter of Eileen W. v. Mario A., 169 Misc.2d 484). The father's contentions on appeal amount to an improper collateral attack on the prior final order of custody in the mother's favor, which he did not appeal.

FLORIO, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.

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VASCIANNIO v. NEDRICK
(May 5, 2003)