Order unanimously reversed, on the law and facts, without costs, petition granted, and matter remitted to Erie County Family Court for further proceedings.
Memorandum:
We disagree with Family Court that petitioner failed to establish paternity by clear and convincing evidence. The evidence established beyond doubt that respondent had intercourse with petitioner on February 9, 1979. A full-term male child was born on October 31, 1979. The period of 265 days...
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