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MATTER OF G. v. C.

39 A.D.2d 643 (1972)

In the Matter of Mary D. G., Appellant, v. Arnesto C., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 19, 1972

Order unanimously reversed and a new trial granted, with costs to appellant to abide the event.

Memorandum:

The petition having been dismissed, appellant is entitled to have the evidence considered in its most favorable aspect (see Bodlovich v. Carucci, 38 A.D.2d 699) and, since petitioner's evidence was sufficient, as a matter of law, to establish a prima facie case, it was error to dismiss the petition before the...

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