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MATTER OF HAWTHORNE v. DE BOTH

42 A.D.2d 827 (1973)

In the Matter of William S. Hawthorne, as Deputy Commissioner of Social Services of the County of Erie, Respondent, v. William De Both, Appellant

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

July 6, 1973

Order unanimously reversed on the law and facts, with costs, and new trial granted.

Memorandum:

The appellant appeals from an order of filiation of the Erie County Family Court adjudging him to be the father of petitioner's child. At the trial petitioner testified that she became pregnant in August, 1968 and that her full-term baby was born on May 5, 1969. At the time of conception and birth petitioner was married...

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