Niagara County Department of Social Services v. Powell

— Order unanimously reversed, on the law, without costs, petition reinstated and matter remitted to Niagara County Family Court for further proceedings in accordance with the following memorandum: In this filiation proceeding it was error for the court to dismiss the petition at the close of petitioner’s proof because petitioner established a prima facie case of paternity. The mother’s unequivocal testimony was that she and respondent engaged in a sexual relationship between July and late November or early December 1975, that they did not use any means of birth control, that she became…