Legal Opinion
Stephens v. Stephens
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 2013PublishedCited by 5 opinions
1Opinion of the Court
—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…
2Cases cited4 opinions
- Mamantov v. MamantovAppellate Division of the Supreme Court of the State of New York · 2011
- Ramroop v. RamsagarAppellate Division of the Supreme Court of the State of New York · 2010
- Gonzalez v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1999
- Sellers v. Sellers-BoykinAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- Matter of Goldring v. SpreiAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Sealy v. SealyAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Sabatino v. AlagonaAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Straight v. SchrouterAppellate Division of the Supreme Court of the State of New York · 2019