In re Ellen F.

OPINION OF THE COURT

Pine, J.

Petitioner, Erie County Department of Social Services, brought this proceeding to terminate parental rights on the ground of permanent neglect. Family Court dismissed the petition against the father at the close of petitioner’s proof based on weighing of testimony, a series of factual findings, and conclusions of law. That was error. On a motion to dismiss at the end of petitioner’s case, the petitioner’s proof must be accepted as true and petitioner is entitled to the most favorable inferences which can reasonably be drawn from such evidence (see, Nicholas v…