Erie County Board of Social Welfare v. Holiday

Memorandum: In a filiation proceeding, the proof must be entirely satisfactory. (People v. Borner, 280 App. Div. 141; Commissioner v. Ryan, 238 App. Div. 607.) In this ease, the bill of particulars claimed a normal period of gestation and on this theory the ease was tried. Assuming that the period of gestation was 280 days, by the complaining witness’ own admission, the respondent was absent from the community when the conception is claimed to have occurred. In addition, the testimony of the complaining witness tended to establish that there was a normal menstrual period after the alleged…