McWhirter v. McWhirter

—Order unanimously reversed on the law without costs, motion denied and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Petitioner brought this proceeding to modify a prior order of visitation on the basis of an allegation that respondent father had sexually abused the parties’ four-year-old daughter. The petition sought to limit respondent’s contacts with the child to supervised visits. At the close of petitioner’s case, the court dismissed the petition for failure to make out a prima facie case and granted respondent’s…