Opinion
March 12, 1993
Appeal from the Oneida County Surrogate's Court, Ringrose, S.
Present — Pine, J.P., Fallon, Boomer, Davis and Boehm, JJ.
Order unanimously reversed on the law without costs and matter remitted to Oneida County Surrogate's Court for further proceedings in accordance with the following Memorandum: The Surrogate erred by summarily dismissing petitioner's application to set aside a private placement order of adoption without conducting an evidentiary hearing (see, Domestic Relations Law § 115-b; cf., Matter of Rickey AA., 146 A.D.2d 433, affd 75 N.Y.2d 885). Upon remittitur, we direct the court to appoint a guardian ad item for the child (see, SCPA 403-a).