Nancy L. "Z" v. Kenneth "AA"

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 AD2d 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, thére were questions of fact presented to the court which should not have been resolved until the conclusion of the respondent’s…