Commissioner of Social Services v. Hayes

Order unanimously affirmed, without costs. Memorandum: Although respondent admitted having sexual intercourse with the mother about the time of her conception, a witness named Susan Goss testified that during that same period she observed the mother having intercourse with another man, whom the mother admitted previously dating. The witness described the event, the place and surrounding circumstances of such act and named jive individuals who observed the mother during some parts of the occasion. Incredible as some of such testimony seems, petitioner did not seek to present any of the named…