Adams v. Buccellato

Order unanimously affirmed, with costs. Memorandum: The conclusion reached by the trial court that respondent is the father of the child born out of wedlock to petitioner on January 26, 1978 finds ample support in the record. While the trial court does not sufficiently state the ultimate facts in support of its conclusion (CPLR 4213, subd [b]), the record reveals the existence of such facts and we make the following findings which the Trial Judge (now deceased) should have made (Fischer v Fischer, 45 AD2d 917). The parties engaged in sexual intercourse over a period of time which included…