Shirley S. v. Robert K. D.

Order unanimously reversed on the law and facts and new trial granted, with costs to abide the event. Memorandum: In this paternity proceeding the court dis*642missed the petition before petitioner (the first witness) had completed her testimony, and over objection of her counsel who advised the court that he had other witnesses to present. Upon the unusual facts then before the court it appeared unlikely that petitioner could meet her burden of proof without excluding the possibility of paternity by the motel occupant whom she visited, for respondent could be determined to be the father only on…