Order unanimously reversed on the law without costs, in accordance with the following memorandum:
Family Court erred in granting respondent father's CPLR 4401 motion to dismiss the mother's petition at the close of her evidence in a trial in which she sought an initial determination of custody of her three children. A full and complete hearing is required to determine, in the best interests of the children, which parent should have custody (Obey v Degling,...
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