Appellate Division of the Supreme Court of New York, 2001

Adams v. Borrasca

Appellate Division of the Supreme Court of New York · Decided November 9, 2001

288 A.D.2d 840; 732 N.Y.S.2d 924; 2001 N.Y. App. Div. LEXIS 10539

Cases that cite this one

2 later published cases cite this decision.

Ramroop v. Ramsagar (Appellate Division of the Supreme Court of New York 2010)
Janpol v. Hofstra University (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order unanimously reversed on the law without costs, motion denied, petition reinstated and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in granting respondent’s motion to dismiss the petition seeking a change in custody at the close of petitioner’s proof. It cannot be said here that the proof presented was such that a finding in favor of petitioner *841could not be made by any rational process (see, Nicholas v Reason, 84 AD2d 915). Furthermore, such a motion should not be granted where, as here, “resolution of disputed facts depends upon credibility determinations” (Fenton v Ives, 229 AD2d 704, 705). Thus, we reverse the order, deny respondent’s motion, reinstate the petition and remit the matter to Erie County Family Court for a new hearing. (Appeal from Order of Erie County Family Court, Szczur, J. — Custody.) Present — Pine, J. P., Hurl-butt, Scudder, Kehoe and Gorski, JJ.

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