(Download) "Matter Commissioner Social Services County Erie v. Daniel Gibson" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Commissioner Social Services County Erie v. Daniel Gibson
- Author : Supreme Court of New York
- Release Date : January 13, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
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 petitioners 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 A.D.2d 935). We agree that petitioners evidence in this case should be accepted as true. We hold, however, that the 255 days is within the practical range of the normal period of gestation, and that expert testimony is not required in this case (Matter of Erie County Comr. of Social Servs. v Boyd, 74 A.D.2d 728; cf. Jaynes v Tulla, 70 A.D.2d 680, 682; and see Matter of Morris v Terry K., 70 A.D.2d 1031; Matter of Leonard v Couse, 83 Misc. 2d 631). On remission the court shall fix the amount which respondent must pay to [78 A.D.2d 981 Page 982]