Appeal from an order of the Family Court of Columbia County (Nichols, J.), entered September 3, 2003, which partially dismissed petitioner’s applications, in two proceedings pursuant to Family Ct Act article 10, to adjudicate respondents’ children to be neglected.
Petitioner commenced these proceedings alleging that respondent Marylee YY. (hereinafter respondent) neglected her children, Julianne XX., Kristen XX. and Peter WW. Specifically, each of the underlying petitions alleged, in sum and substance, that respondent neglected her children by engaging in domestic violence in front of the children, abusing and possessing alcohol in the presence of the children, engaging in unsupervised visitation with the children in violation of a court order and violating her own temporary order of protection against her son’s father, Peter QQ., by allowing her daughters to have contact with him during a supervised visitation with her son.
Respondent thereafter moved to dismiss the petitions for failure to state a cause of action and Family Court, upon notice to the parties, converted respondent’s motion to one for summary judgment. Following receipt of additional submissions by the parties, Family Court granted respondent’s motion except to the extent that it found a question of fact as to the allegations of domestic violence. This appeal by petitioner ensued.
We affirm. Preliminarily, we note that although infrequently invoked, summary judgment is a permissible procedural device in the context of Family Ct Act article 10 neglect proceedings (see Matter of Hannah UU., 300 AD2d 942, 943 [2002], lv denied
Mercure, J.E, Spain, Rose and Kane, JJ, concur. Ordered that the order is affirmed, without costs.
