Hawthorne v. De Both

Order unanimously reversed on the law and facts, with costs, and new trial granted. Memorandum: The appellant appeals from an order of filiation of the Erie County Family Court adjudging him to be the father of petitioner’s child. At the trial petitioner testified that she became pregnant in August, 1968 and that her full-term baby was born on May 5, 1969. At *828the time of conception and birth petitioner was married. She stated that she had been married in August, 1966 but separated from her husband in October, 1966. She gave birth to a child of this marriage in July, 1967 and only saw her…