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SOC SERVS v. PHILIP DE G

59 N.Y.2d 137 (1983)

In the Matter of the Commissioner of Social Services, as Assignee of Patricia A., Appellant, v. Philip De G., Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Stephen J. McGrath and Leonard Koerner of counsel), for appellant.

Phil Brown and Saul Edelstein, P. C., for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur.

SIMONS, J.

Petitioner appeals from an order of the Appellate Division which reversed and vacated orders of the Family Court adjudicating respondent father of a child born out of wedlock and directing him to pay weekly support. The Appellate Division found the evidence of paternity insufficient as a matter of law. Inasmuch as it failed to give proper consideration to admissible and probative evidence, there should...

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