Majority
p. 788The People of the State of New York, Respondent, v. Frank Torresi, Appellant.
Order of filiation of the Children’s Court, County of Westchester, affirmed, with costs. Nolan, P. J., Carswell, Johnston and Sneed, JJ., concur; Wenzel, J., dissents, votes to reverse the order and to dismiss the complaint, with the following memorandum: While it is not necessary in a filiation proceeding to establish paternity beyond a reasonable doubt, I do not here find the substantial degree of proof required in eases of this kind. Nor do I believe that the presumption of legitimacy has been overcome. [See post, p. 951.]