Legal Opinion

Whittaker v. Bicknell

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 1986PublishedCited by 1 opinion

1Opinion of the Court

— Order unanimously reversed, on the law, with costs, and matter remitted to Herkimer County Family Court for further proceedings, in accordance with the following memorandum: Petitioner’s testimony in this filiation proceeding that the child was born after a "normal length of pregnancy or period of gestation”, that she was neither early nor late with her pregnancy and that her "periods” were regular within the year before she became pregnant established a prima facie case and Family Court erred in dismissing the petition at the close of her proof. The only inference that can be drawn from…

2Cases cited1 opinion

  1. Erie County Commissioner of Social Services v. BoydAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by1 opinion

  1. Budik v. McLeanAppellate Division of the Supreme Court of the State of New York · 1989

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