In re Lisa M.

222 A.D.2d 1088, 635 N.Y.S.2d 843, 1995 N.Y. App. Div. LEXIS 14168

Opinion

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Onondaga County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in granting respondents’ motion to dismiss the petition in this child protective proceeding at the close of petitioner’s direct case based upon a finding that petitioner had failed to establish a prima facie case. Viewing the evidence at that point in the trial in the light most favorable to petitioner (see, Parvi v City of Kingston, 41 NY2d 553, 554; Nicholas v Reason, 84 AD2d 915), we conclude that petitioner established a prima facie case of child abuse and neglect (see, Family Ct Act § 1046 [aj [ii]; Matter of Shawniece E., 110 AD2d 900). Because the court terminated this proceeding at the close of petitioner’s case, a new hearing is required (see, Matter of Shawniece E., supra). (Appeal from Order of Onondaga County Family Court, Bersani, J. — Child Abuse and Neglect.) Present— Green, J. P., Pine, Fallon, Callahan and Doerr, JJ.