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MATTER OF DUTCHESS COUNTY DEP'T OF SOC SERVS. v. ANSPACH

212 A.D.2d 702 (1995)

622 N.Y.S.2d 790

In the Matter of Dutchess County Department of Social Services, on Behalf of Dawn Knapp, Appellant, v. Stephen Anspach, Respondent

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

February 21, 1995

Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and a new trial is granted.

The petitioner mother contends that the respondent is the father of the child Matthew A., who was born out of wedlock. Following a hearing, the Family Court dismissed the petition, concluding that the petitioner had failed to meet its burden of establishing paternity by clear and convincing proof.

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