Christy v. Christy

On a motion to dismiss a petition, made at the close of the petitioner’s case, the facts must be viewed in the light most favorable to the petitioner, accepting his or her proof as true and affording him or her every favorable inference that reasonably can be drawn therefrom (see Matter of Mineo v Mineo, 96 AD3d 1617 [2012]; Matter of Stone v Wyant, 8 AD3d 1046 [2004]).

Here, even when viewed in the light most favorable to the mother, the evidence she presented on her case failed to establish, prima facie, that her proposal to relocate to Arizona with the subject children was in their best…