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Matter of Nancy v. Kenneth

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1975
48 A.D.2d 721 (N.Y. App. Div. 1975)

Opinion

May 1, 1975


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; Matter of Conway v Crosby, 272 App. Div. 868; see Matter of Commissioner of Social Servs. of City of N Y v S., 75 Misc.2d 971). 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. Herlihy, P.J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.


Summaries of

Matter of Nancy v. Kenneth

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1975
48 A.D.2d 721 (N.Y. App. Div. 1975)
Case details for

Matter of Nancy v. Kenneth

Case Details

Full title:In the Matter of NANCY L. "Z", Appellant, v. KENNETH "AA", Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1975

Citations

48 A.D.2d 721 (N.Y. App. Div. 1975)