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


94 A.D.2d 936 (1983)

In the Matter of The Commissioner of Social Services of the County of Erie, on Behalf of Laura N., Appellant, v. Stephen H., Respondent

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

May 25, 1983


Order unanimously reversed, without costs, motion granted, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum:

Petitioner alleges that respondent Stephen H. is the father of a female child born out of wedlock to Laura N. In a sworn affidavit attached to the petition, Laura N., as complaining witness, says that she engaged in sexual intercourse with respondent on several occasions during the period of...

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