Budik v. McLean

Appellate Division of the Supreme Court of New York

Budik v. McLean

156 A.D.2d 948, 550 N.Y.S.2d 863, 1989 N.Y. App. Div. LEXIS 16095

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1989

StatusPublished

This text of 156 A.D.2d 948 (Budik v. McLean) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Budik v. McLean, 156 A.D.2d 948, 550 N.Y.S.2d 863, 1989 N.Y. App. Div. LEXIS 16095 (N.Y. Ct. App. 1989).

Pincite

Opinion

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Erie County Family Court for a new hearing, in accordance with the following memorandum: The court erred in dismissing the paternity petition at the close of petitioner’s proof. Viewing the evidence in the light most favorable to the petitioner and resolving questions of credibility in his favor we find that petitioner established a prima facie case of paternity (see, Matter of Whittaker v Bicknell, 125 AD2d 962, 963; Wayne County Dept, of Social Servs. v Titcomb, 124 AD2d 989; Niagara County Dept, of Social Servs. v Powell, 120 AD2d 980). Accordingly, the order is reversed and the matter is remitted for a new hearing. (Appeal from order of Erie County Family Court, Trost, J.H.O. — paternity.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Erie County Family Court for a new hearing, in accordance with the following memorandum: The court erred in dismissing the paternity petition at the close of petitioner’s proof. Viewing the evidence in the light most favorable to the petitioner and resolving questions of credibility in his favor we find that petitioner established a prima facie case of paternity (see, Matter of Whittaker v Bicknell, 125 AD2d 962, 963; Wayne County Dept, of Social Servs. v Titcomb, 124 AD2d 989; Niagara County Dept, of Social Servs. v Powell, 120 AD2d 980). Accordingly, the order is reversed and the matter is remitted for a new hearing. (Appeal from order of Erie County Family Court, Trost, J.H.O. — paternity.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

156 A.D.2d 948, 550 N.Y.S.2d 863, 1989 N.Y. App. Div. LEXIS 16095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budik-v-mclean-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack