Matter of Sevastianov v. Sevastyanova

Summary

The New York Appellate Division, Second Department, affirmed an order dismissing a Family Court Act article 8 family offense petition. The court held that the petitioner failed to establish a prima facie case based on allegations actually charged in the petition.

Holdings

1. The petitioner failed to establish prima facie that the respondent committed a family offense based on allegations actually charged in the petition.
2. The Family Court properly granted the respondent's motion to dismiss and dismissed the petition.

Questions Presented

1. Whether the petitioner established a prima facie family offense under Family Court Act article 8 based on conduct charged in the petition.
2. Whether the Family Court properly granted the respondent's motion to dismiss at the close of the petitioner's case.

Disposition

affirmed