Wayne County Department of Social Services v. Brett D.

Order unanimously reversed on the law without costs and petition granted in accordance with the following Memorandum: Family Court erred in dismissing the petition in this paternity proceeding on the ground that petitioner had not met its burden of proving paternity by clear and convincing evidence. The only witness at the hearing was the mother, who testified that she had sexual intercourse with respondent in January 1980 and that the child was a full-term baby, born on October 16, 1980. The period of gestation indicated by that evidence placed conception within the time period in which the…