Commissioner of Welfare v. Leroy C.

Appeals from two orders of the Family Court, Richmond County, each dated December 19, 1973 and made in separate paternity proceedings which were tried together. The orders adjudged appellant to be the father of the two children involved in the proceedings. Orders reversed, on the law and the facts, without costs, and new trial granted. While the proof was sufficient to establish a meretricious relationship between the children’s mother and appellant, in our opinion it fell short of overcoming the presumption of legitimacy by failing to negate access on the part of the mother’s husband during…