MATTER OF DEP'T OF SOC SERVS. v. L.


78 A.D.2d 875 (1980)

In the Matter of Department of Social Services, Appellant, v. Charles L., Respondent

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

November 10, 1980


Order reversed, on the law, and proceeding remitted to the Family Court for a new hearing consistent herewith, with costs to petitioner to abide the event.

The Family Court, while accepting the testimony of the child's mother and her witness, nevertheless dismissed the petition because of the absence of medical testimony surrounding the fact of prematurity and the period of gestation, which was alleged to be approximately 217 days. This was error. The court should...

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