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MATTER OF MORRIS v. K.

70 A.D.2d 1031 (1979)

In the Matter of William Morris, as Commissioner of Social Services for The Fulton County Social Services District, Appellant, v. Terry K., Respondent

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

June 21, 1979

It was settled on a previous appeal that respondent and the infant's mother had intercourse on November 25, 1971, and that a male child was born on August 3, 1972, weighing 6 pounds 11 ounces (Matter of Morris v Terry K., 60 A.D.2d 728). However, because the period of gestation was only 253 days, the trial court's finding of paternity was reversed and remanded for a new trial allowing petitioner to introduce testimony establishing...

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