Nancy L. Z v. Kenneth AA

• Decision Date: 01 May 1975
• Parties: In the Matter of NANCY L. Z * , Appellant, v. KENNETH AA*, Respondent. Supreme Court, Appellate Division, Third Department
• Court: New York Supreme Court — Appellate Division

Page 344

367 N.Y.S.2d 344

48 A.D.2d 721

In the Matter of NANCY L. Z ^*, Appellant, v. KENNETH AA*, Respondent. Supreme Court, Appellate Division, Third Department.

May 1, 1975.

V. Michael Liccione, Norwich, for appellant Chenango County Dept. of Social Services.

Roy A. Pappas, Hancock, for respondent.

Before HERLIHY, P.J., GREENBLOTT, SWEENEY, KANE and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from an order of the Family Court, Chenango County, which dismissed petitioner's paternity petition at the close of her case.

Petitioner established a prima facie case, and it was thus erroneous to dismiss the case as a matter of law at the close of her case (Erie County Bd. of Social Welfare v. Truesdale, 15 A.D.2d 862, 224 N.Y.S.2d 726; Matter of Conway v. Crosby, 272 App.Div. 868, 71 N.Y.S.2d 718; see Matter of Commissioner of Social Servs. of City of N.Y. v. James S., 75 Misc.2d 971, 348 N.Y.S.2d 831). At most, there were questions of fact presented to the court which should not have been resolved until the conclusion of the respondent's presentation of his case.

Order reversed, on the law, without costs, and matter remitted to the Family Court, Chenango County, for further proceedings in accordance herewith.

* Fictitious Names.