Respondent argues that the court deprived him of due process by making its findings pursuant to the theory of res ipsa loquitur, because the pleadings were not conformed to the proof, and he was not on notice that the court would consider the theory. The court's findings of fact were made in accordance with the rebuttable presumption permitted pursuant to Family Court Act § 1046[a][ii]. While the Court of Appeals has long held that this statutory presumption is analogous...
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