Opinion
November 14, 1961
Order entered on March 24, 1961 unanimously reversed, on the law, and the matter remanded for a new trial. It would serve no useful purpose to review the evidence in this filiation proceeding. It is sufficient to say that several factors, among them the complainant's admitted promiscuity and her failure to institute proceedings for a period of four years, leave the testimony in a state less than satisfactory ( Commissioner of Public Welfare v. Ryan, 238 App. Div. 607). Possibly this lack can be cured upon the new trial ordered herein. —
Concur — Botein, P.J., McNally, Stevens, Eager and Steuer, JJ.