STENZEL v. D'AGOSTINO


50 A.D.2d 1066 (1975)

Daunt I. Stenzel, as Commissioner, Respondent, v. Frank D'Agostino, Also Known as Frank D'Augostino, Appellant

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

December 5, 1975


Order unanimously affirmed, without costs.

Memorandum:

Petitioner testified that she had sexual intercourse with no one except respondent after her last menstrual period in February, 1970 and the baby was two weeks overdue when born on December 6, 1970. This was well within the normal period of gestation. Respondent admitted having sexual relations with petitioner two or three times a week over an extended period of time but denied having sexual intercourse...

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