Niagara County Department of Social Services v. Sanders

Order unanimously reversed on the law and facts without costs, petition granted and matter remitted to Niagara County Family Court for further proceedings, in accordance with the following memorandum: Family Court erred in dismissing the petition in this filiation proceeding, which sought to adjudicate respondent to be the father of a child born out of wedlock, on the grounds that there was no medical testimony regarding premature birth. The mother testified that she met the respondent in April 1984, that she had sexual intercourse with him on a number of occasions until October 1985, that…