Legal Opinion
Commissioner of Social Services of Erie v. Gibson
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1980PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously reversed, with costs, petition granted and matter remitted to Family Court, Erie County, for further proceedings in accordance with the following memorandum: In its decision trial court assumed the truth of petitioner’s evidence, but made no specific finding. The court dismissed the petition as a matter of law for lack of expert testimony, because only 255 days elapsed between the alleged single act of sexual intercourse and the birth of the child, the court relying on Matter of Suzanne “J”v Russell “K” (46 AD2d 935). We agree that petitioner’s evidence in this case should…
2Cases cited4 opinions
- Morris v. Terry K.Appellate Division of the Supreme Court of the State of New York · 1979
- Erie County Commissioner of Social Services v. BoydAppellate Division of the Supreme Court of the State of New York · 1980
- Jaynes v. TullaAppellate Division of the Supreme Court of the State of New York · 1979
- Leonard v. CouseNew York Family Court · 1975
3Cited by7 opinions
- Karen K. v. Christopher D.Appellate Division of the Supreme Court of the State of New York · 1982
- Sherry K. v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1982
- Commissioner of Social Services v. SimonsAppellate Division of the Supreme Court of the State of New York · 1982
- Riley v. BenwareAppellate Division of the Supreme Court of the State of New York · 1984
- Karen K. v. Christopher D.Appellate Division of the Supreme Court of the State of New York · 1982
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