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MATTER OF SEEBERG v. DAVIS

84 A.D.2d 262 (1982)

In the Matter of Guadalupe M. Seeberg, Appellant, v. Eddy R. Davis, Respondent

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

January 7, 1982

Attorney(s) appearing for the Case

E. Patricia Somerset, P. C., for appellant.

Albert Levine for respondent.

KUPFERMAN, SULLIVAN and LYNCH, JJ., concur with MURPHY, P. J.; MARKEWICH, J., concurs on constraint of Matter of Espin v Pierce ().

MURPHY, P. J.

This proceeding was brought to establish filiation. At the filiation hearing, the petitioner testified that she had sexual intercourse with the respondent on 25 to 30 occasions during the period April, 1978 through June, 1979. Petitioner testified that conception occurred on May 31, 1979, after she had intercourse with the respondent. The child was born on February 24, 1980. When petitioner told the respondent that she was pregnant, he suggested...

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