NIAGARA COUNTY DEP'T OF SOC SERVS. v. POWELL


120 A.D.2d 980 (1986)

Niagara County Department of Social Services, on Behalf of Regina La Mar, Appellant, v. Terry J. Powell, Respondent

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

May 23, 1986


Order unanimously reversed, on the law, without costs, petition reinstated and matter remitted to Niagara County Family Court for further proceedings in accordance with the following memorandum:

In this filiation proceeding it was error for the court to dismiss the petition at the close of petitioner's proof because petitioner established a prima facie case of paternity. The mother's unequivocal testimony was that she and respondent engaged in a sexual relationship...

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