Chavez-Gonzalez v. Tran

In a family offense proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Dutchess County (Posner, J), entered February 23, 2012, which upon the granting of the father’s motion, made at the close of the evidence, to dismiss the petition, dismissed the petition and vacated a temporary order of protection dated December 23, 2011.

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

“[T]he determination of whether a family offense was committed is a factual issue to be resolved by the hearing court. . . and that court’s…