Legal Opinion

Phillips v. Broadwell

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1978No. Appeal No. 1PublishedCited by 6 opinions

1Opinion of the Court

Order unanimously reversed, with costs, and petition dismissed. Memorandum: As we have had occasion to say in a proceeding to establish paternity and support of a child "Charges of this character are easy to assert and equally difficult to disprove” (Matter of *841Hawthorne v Edward S., 31 AD2d 426, 427; Burke v Burpo, 75 Hun 568). The standard to which the proof must rise in a filiation proceeding is that it be “entirely satisfactory”, sufficient to create a genuine belief that appellant is the father of petitioner’s child. That belief must be supported from evidence which is found to be “clear…

2Cases cited8 opinions

  1. Burke v. BurpoNew York Supreme Court · 1894
  2. Piccola v. HibbardAppellate Division of the Supreme Court of the State of New York · 1976
  3. MATTER OF PICCOLA v. HibbardNew York Court of Appeals · 1976
  4. Hawthorne v. Edward S.Appellate Division of the Supreme Court of the State of New York · 1969
  5. Hawthorne v. De BothAppellate Division of the Supreme Court of the State of New York · 1973

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3Cited by6 opinions

  1. Wayne County Department of Social Services v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1983
  2. Hy v. ErvinAppellate Division of the Supreme Court of the State of New York · 1979
  3. Jane L. v. Rodney B.New York Family Court · 1981
  4. Jane PP. v. Paul QQ.New York Court of Appeals · 1985
  5. Phillips v. BroadwellAppellate Division of the Supreme Court of the State of New York · 1978

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