Adams v. Borrasca

—Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in granting respondent’s motion to dismiss the petition seeking a change in custody at the close of petitioner’s proof. It cannot be said here that the proof presented was such that a finding in favor of petitioner *841could not be made by any rational process (see, Nicholas v Reason, 84 AD2d 915). Furthermore, such a motion should not be granted where, as here, “resolution…