MATTER OF GRAY v. ROSE


32 A.D.2d 994 (1969)

In the Matter of H. Gray, Respondent, v. C. Rose, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1969


Per Curiam.

Petitioner, a married woman, and mother of a child born on May 9, 1966, testified that she had intercourse with appellant over a period of four months, from May to August, 1965, and that the last act of intercourse took place on August 15, 1965. Appellant, who did not testify, contends that petitioner has failed to sustain her heavy burden of proof as to the paternity of the child. He relies on the strong presumption of legitimacy, together with...

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