Stephens v. Stephens

—In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Shafer, J.H.O.), dated April 13, 2012, which, upon the granting of the respondent’s motion, made at the close of the petitioner’s case, to dismiss the petition for failure to establish a prima facie case, dismissed the petition.

Ordered that the order 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…