Ordered that the order is modified, on the law, by deleting the provision thereof dismissing that branch of the petition which was based on the allegation that the respondent had committed acts constituting the family offense of assault in the third degree on March 2, 2016, and vacating the temporary order of protection with regard to that allegation; as so modified, the order is affirmed, without costs or disbursements, the respondent's motion to dismiss that branch of the...
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