MATTER OF COMM'R OF SOC SERVS. OF THE COUNTY OF ERIE v. GIBSON


78 A.D.2d 981 (1980)

In the Matter of The Commissioner of Social Services of the County of Erie, Appellant, v. Daniel Gibson, Respondent

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

November 13, 1980


Order unanimously reversed, with costs, petition granted and matter remitted to Family Court, Erie County, for further proceedings.

Memorandum:

In its decision trial court assumed the truth of petitioner's evidence, but made no specific finding. The court dismissed the petition as a matter of law for lack of expert testimony, because only 255 days elapsed between the alleged single act of sexual intercourse and the birth of the child, the court relying on...

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