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MATTER OF ZITO v. PFOHL

302 A.D.2d 918 (2003)

753 N.Y.S.2d 914

In the Matter of WENDY J. ZITO, Appellant, v. MARK A. PFOHL, Respondent.

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

Decided February 7, 2003.

It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Family Court properly granted respondent's motion for judgment as a matter of law pursuant to CPLR 4401 and dismissed the petition. Even accepting as true her proof and affording her "every favorable inference that reasonably could be drawn therefrom" (Matter of Le Blanc v Morrison, 288 A.D.2d 768

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