Saratoga County Commissioner of Public Welfare v. Waters

Filiation proceedings were instituted by the Commissioner of Public Welfare upon complaint of the mother of a child born December 27,1953. The complainant, a married woman, allegedly separated from her husband, was visited by her husband at her home during the months of February, March and April, 1953, according to the testimony of neighbors residing in the vicinity of the complainant’s home. The testimony of the complainant was that she had intercourse with the respondent for over two years prior to the birth of the child.

The respondent contends that the infant child born to the complainant…