Order unanimously reversed, without costs of this appeal to either party and matter remitted to the Erie County Children's Court for further proceedings in accordance with the memorandum. Memorandum: The complainant's testimony made out a prima facie case and it was erroneous to dismiss the case as a matter of law upon the defendant's motion at the close of the plaintiff's case. There may have been some inconsistency in the complainant's testimony but this presented a question of fact, to be passed upon by the court at the conclusion of the whole case after the defendant had rested (cf. Kazansky v. Bergman, 4 A.D.2d 79; Matter of Conway v. Crosby, 272 App. Div. 868; Commissioner of Public Welfare of the City of New York v. Arvay, 241 App. Div. 691).