Mineo v. Mineo

*1618Appeal from an order of the Family Court, Erie County (Tracey A. Kassman, R), entered April 12, 2011 in a proceeding pursuant to Family Court Act article 6. The. order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and facts without costs, the motion is denied, and the petition is granted.

Memorandum: Family Court erred in granting the motion of respondent father, made at the close of petitioner mother’s proof, seeking dismissal of the petition in which the mother sought an order permitting her to change the school district in…