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MATTER OF LICCIONE v. JOHN

65 N.Y.2d 826 (1985)

In the Matter of V. Michael Liccione, as Deputy Commissioner of the Oneida County Department of Social Services, on Behalf of Wendy A., Appellant, v. John H., Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Kenneth L. Bobrow for appellant.

Leslie R. Lewis for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Family Court reinstated.

This proceeding was commenced by the Commissioner of Social Services on behalf of petitioner who gave birth to a child out of wedlock on July 9, 1982. The attending physician at the time of birth testified at trial that the child was born approximately four weeks prematurely, and calculated the...

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