Appellate Division of the Supreme Court of the State of New York April 14, 2009 (Hearne v. Hearne)

In a family offense proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Orange County (Bivona, J.), entered April 11, 2008, which, after a hearing, granted the father’s motion, in effect, to dismiss the petition for lack of subject matter jurisdiction and to vacate a temporary order of protection of the same court dated February 27, 2008.