MATTER OF DeGASERO v. DeGASERO

2011-04501.

95 A.D.3d 883 (2012)

942 N.Y.S.2d 895

2012 NY Slip Op 3445

In the Matter of ROSANNE DeGASERO, Respondent, v. PHILIP DeGASERO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.


Ordered that the order of protection is affirmed, without costs or disbursements.

"In determining a motion to dismiss for failure to establish a prima facie case, the evidence must be accepted as true and given the benefit of every reasonable inference which may be drawn therefrom . . . The question of credibility is irrelevant, and should not be considered" (Gonzalez v Gonzalez, 262 A.D.2d 281, 282 [1999] [citation omitted...

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