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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