Order unanimously reversed on the law with costs, petition reinstated and matter remitted to Wayne County Family Court for further proceedings, in accordance with the following memorandum:
Where a party moves, pursuant to CPLR 4401, to dismiss a proceeding at the conclusion of the petitioner's proof, the court is obliged to view the evidence most favorable to the nonmoving party and from that evidence and the inferences reasonably to be drawn therefrom, determine...
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