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MATTER OF D. v. B.

65 A.D.2d 592 (1978)

In the Matter of Joan B. D., Respondent, v. Horst B., Appellant

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

October 16, 1978

Order reversed, on the law and facts, without costs or disbursements, and proceeding dismissed.

Petitioner did not negate access by her husband during the time when conception occurred and thus failed to overcome the presumption of legitimacy (see Matter of Mannain v Lay, 27 N.Y.2d 690; Matter of Irma N. v Carlos A. F., 46 A.D.2d 893). Petitioner, therefore, has not established paternity...

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