Legal Opinion

Wayne County Department of Social Services v. Williams

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

Decided July 11, 1983PublishedCited by 3 opinions

1Opinion of the Court

— Order unanimously reversed, on the law and facts, without costs, petition granted and matter remitted to Wayne County Family Court for proceedings on the issue of support. Memorandum: The standard to which proof must rise in a filiation proceeding is that it be “entirely satisfactory”, and sufficient to create a genuine belief that respondent is the father of complainant’s child. That belief must be supported by evidence which is found to be “ ‘clear and convincing’ ” (Phillips v Broadwell, 63 AD2d 840, 841). This does not mean proof beyond a reasonable doubt (Matter of Espin v Pierce, 85…

2Cases cited4 opinions

  1. Sherry K. v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1982
  2. Espin v. PierceAppellate Division of the Supreme Court of the State of New York · 1981
  3. Commissioner of Welfare v. WendtlandAppellate Division of the Supreme Court of the State of New York · 1966
  4. Phillips v. BroadwellAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by3 opinions

  1. Wayne County Department of Social Services v. TitcombAppellate Division of the Supreme Court of the State of New York · 1986
  2. Albany County Department of Social Services v. De Forrest HH.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Allison M. v. James P.Appellate Division of the Supreme Court of the State of New York · 1986

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