Order unanimously reversed, without costs of this appeal to either party, and a new trial granted.
Memorandum:
In a filiation proceeding, the proof must be entirely satisfactory. (People v. Borner, 280 App. Div. 141; Commissioner v. Ryan, 238 App. Div. 607.) In this case, the bill of particulars claimed a normal period of gestation and on this theory the case was tried. Assuming that the period of gestation was 280 days, by the complaining witness...
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